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Chapter 5. Students Subchapter 1. Student Residence Classification Alien Students   

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(a) An alien not precluded from establishing domicile in the United States by the Immigration and Nationality Act (8 U.S.C. 1101, et seq.) shall be eligible to establish residency pursuant to the provisions of this subchapter.

(b) An alien is precluded from establishing domicile in the United States if the alien:

(1) entered the United States illegally (undocumented aliens);

(2) entered the United States under a visa which requires that the alien have a residence outside of the United States; or

(3) entered the United States under a visa which permits entry solely for some temporary purpose.

(c) An alien described in paragraph (b) shall not be classified as a resident unless and until he or she has taken appropriate steps to obtain a change of status from the Immigration and Naturalization Service to a classification which does not preclude establishing domicile, and has met the requirements of Sections 54020-54024 related to physical presence and the intent to make California home for other than a temporary purpose. The Chancellor shall, after consultation with the University of California and the California State University, issue guidelines for the implementation of this section.

(d) Notwithstanding any other provision of this subchapter, an alien who was classified as a California resident by any college in a district as of September 30, 1991, or during the Fall 1991 term, shall not be subject to reclassification unless the student has not been in attendance at any college in the district for more than one semester or quarter.

NOTE

Authority cited:

Education Code 66700

Education Code 68044

Education Code 70901

Reference:

Education Code 68062(h)

8 U.S.C. 1101(a)(15); Toll v. Moreno, 458 U.S. 1 (1982);

Regents of the University of California v. Bradford, 225 Cal.App.3rd, 972, 276 Cal. Rptr. 197 (1990).

(Amended By Register 95, No. 19)