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Immigration Issues/Domicile in California

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Question
Greetings,

My family will soon be migrating to the United States (we were petitioned by a grandparent). We plan to live near our relatives in California and I intend to continue my college education when we get there.

I have a few concerns regarding what my status (resident or nonresident) would be since there is a huge difference in the tuition fees as well as eligibility issues for many financial aids.

According to this guideline: https://www.ftb.ca.gov/forms/2010/10_1031.pdf

"A resident is any individual who meets any of the
following:
• Present in California for other than a temporary or
transitory purpose .
• Domiciled in California, but outside California for a
temporary or transitory purpose. (See “Meaning of
Domicile’’ on page 9)"

And on page 9:

"Domicile is defined for tax purposes as the place
where you voluntarily establish yourself and family,
not merely for a special or limited purpose, but with a
present intention of making it your true, fixed, permanent
home and principal establishment . It is the place where,
whenever you are absent, you intend to return."

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We do intend to be established there permanently so would that make me qualified for a resident status? And if so, how long does the process usually take (is there a minimum time of stay required?).

I am very grateful for the time you spent in reading this and I will be infinitely be more so if you can help me with this problem.


Sincerest thanks,

Eli

Answer
Hi Eli,

This is technically not an immigration question but a state law question.  I believe each school has different interpretation of what make a resident.  You should consult with the school you are applying to determine if you meet the residency requirement.

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Jack Sung

Expertise

Can answer: Immigration and visa issues Can't answer: Everything else

Experience

Been a practicing immigration attorney for 4 years.

Organizations
Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Publications
Southwestern International Law Journal

Education/Credentials
J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

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LACBA 2011 Outstanding Public Service Award

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