Residency Frequently Asked Questions

One must be an independent (not claimed as a dependent for income tax purposes), U.S. citizen or permanent resident (have a green card, also known as card I-551, or the evidence of I-551 stamp in the passport), or international student who is eligible to establish a domicile in Texas and live in the state of Texas for 12 consecutive months and establish a domicile in Texas prior to enrollment.

Residency Core Questions may be emailed to studentadmissions@mclennan.edu

Resident Affidavits must be notarized, therefore, they should be printed, completed, notarized, and mailed to:

McLennan Community College
Office of Students Admissions
1400 College Drive
Waco, TX 767608

A domicile in Texas is presumed if, at least 12 months prior to the census date of the semester in which the student is to enroll, at least one of the following applies: 1) the person owns real property in Texas, 2) the person owns a business in Texas, 3) the person is married to someone who has established a domicile in Texas, or 4) the person has had gainful employment other than work-study and other such student employment in Texas. (NOTE: There are currently pending changes to the residency rule regarding establishing a domicile by purchasing property. Please contact the residency office for further information.)

The temporary absence of a person or a dependent’s parent from the state for the purpose of service in the U.S. Armed Forces, Public Health Service, Department of Defense or U.S. Department of State; as a result of an employment assignment; or for educational purposes shall not affect a person’s ability to continue to claim that he or she is a domiciliary of this state. The person or the dependent’s parent shall provide documentation of the reason for the temporary absence. NOTE: To claim a temporary absence from Texas, one must first establish Texas residency. A temporary absence prior to one year of residence in Texas with domicile establishment could result in a non-resident classification.

A prospective student must have an admission application on file before submitting the Residency Core Questions form or the Residency Affidavit. Currently enrolled students may submit the Residency Core Questions once they or their parents have lived in Texas for 12 consecutive months.

The Residency Core Questions and the Residency Affidavit are available at the Office of Admissions, which is located in the Enrollment Services Center. You may download a copy of the Residency Core Questions form or the Residency Affidavit.

You are not required to submit any supporting documents with the Residency Core Questions form. After reviewing your Residency Core Questions form, documentation may be requested by the residency officer. You will be notified via e-mail if additional information is required.

If your parents are Texas residents and reside in the state of Texas and are claiming you as a dependent on their income tax return or are eligible to claim you as a dependent, then your residency will be Texas once your parents have met the residency requirements.

If your parents claim you and they live in another state, you are not eligible to establish residency in Texas while being claimed as a dependent. Students over the age of 18 whose parents do not claim them as a dependent on their tax return can establish residency as an independent student. (See first FAQ question for information on how to establish residency.)

The following international students are eligible to establish a domicile in Texas under the law and can obtain Texas residency if they meet the basic residency requirements as listed in the first question on this page:

• Parolee, holder of asylum status or refugee
• A student who has applied for adjustment of status to permanent residency (must have received an I-485 notice of action for the green card application)
• Holder of a visa that is eligible to domicile in the U.S. See THECB list of eligible visas.
• High school graduation in Texas after 36 months of residence in the state (see next FAQ).

International students who meet all of the following requirements will qualify for Texas residency regardless of INS status:

• Graduate from a Texas High school or receive a GED.
• Reside in Texas for the 36 months immediately preceding graduation from a Texas high school or receipt of the GED.
• Reside in Texas the 12 months preceding the census date of the academic semester in which the person enrolls in an institution of higher education.
• Sign an affidavit stating that you meet the above qualifications and will apply for permanent residency upon first availability to do so.
• Download the Residency Affidavit.

A person who was enrolled in a Texas institution of higher education for any part of the academic year prior to enrollment at McLennan Community College, and who was classified as a resident of Texas during that year, will be classified as a Texas resident. You may be required to verify your residency classification at the previous institution. Please contact the residency official for more information.

Active duty military (including active reserves and National Guard) may have their out-of-state tuition waived to in-state tuition. A person must submit a letter from their commanding officer on military letterhead with the student's name and MCC ID number on the letter or military orders stating that he or she is active duty. Active duty must be with a Texas Unit. A new letter must be submitted every semester at least two weeks prior to registration. The student will remain classified as non-resident on the mainframe database and for admission purposes but will be eligible to pay in-state tuition.

Establishment of residency in Texas requires 12 consecutive months physical presence in the state. The military member must simultaneously file a copy of the DD2058 used to change state of legal residence to Texas. Once the military member has changed his or her legal residence to Texas, he or she must establish a domicile in Texas. See the FAQ regarding establishment of a domicile in Texas. More information regarding residency, waivers and military service can be found at CollegeForTexans.com.

Marriage to a Texas resident does not give that person immediate residency. A U.S. Citizen Permanent Resident or international student with an immigration status that allows them to domicile in the U.S. who is the spouse of a Texas resident must live in the state of Texas for 12 consecutive months. The spouse is allowed to attend school during the 12 months if he or she chooses but will pay out-of-state tuition for the first 12 months. After one year, if there is enough evidence to indicate that the individual has otherwise made Texas their permanent residence, they may apply for reclassification.

You can appeal this decision. You need to write a letter stating why you should be considered a Texas resident and any additional information to state your case further. Address the letter to the Residency Committee and send it to the Office of Admissions. The committee will set a meeting date to review the appeal. If the Residency Committee also denies the appeal, the student has the right to two further levels of appeal after the Residency Committee.

Teaching and research assistants employed at least half time on a regular monthly salary basis by any Texas public institution of higher education, may pay the same tuition as a resident of Texas for themselves, their spouses, and their dependent children, regardless of the length of residence in the state if their effective date of employment is on or prior to the official census date of the relevant term(s).

To be entitled to pay the resident tuition fees, such employees must submit, prior to the time of each enrollment, a statement certifying employment from the director of personnel or a designated representative of the institution of higher education by which he or she is employed.

This provision applies to eligible teachers and professors and their dependents no matter which Texas public institution of higher education they may attend. It is the intent of this rule that employment be for the duration of the period of enrollment for which a waiver is awarded.

These requests should be directed to the Office of Admissions, located in the Enrollment Services Center. The student will remain classified as a non-resident on the mainframe database, as this exception is a result of a waiver to in-state rates.

Information concerning waivers can be found at CollegeForTexans.com.

The Residency Core Questions form must be submitted by the census date of the relevant term (12 days following the beginning of a fall or spring semester or four days following the beginning of a summer term) in order for a Texas resident classification to be effective for that current semester.

For general residency information or to leave a message for a call back please call: 254-299-8628 or e-mail studentadmissions@mclennan.edu for assistance with residency questions.

An independent student is a person who provides more than half of his or her own financial support and is not eligible to be claimed as a dependent for income tax purposes. In order to qualify for residency for tuition purposes, an independent student must reside AND maintain a domicile in Texas for the twelve (12) months preceding the his or her enrollment.

The following factors, if maintained for twelve (12) consecutive months while residing in Texas, may lend support to a claim of domicile in Texas:

1. Ownership of residential real property in Texas
2. Ownership and customary management of a business in Texas that is regularly operated without the intention of liquidation for the foreseeable future
3. Gainful employment that is sufficient to provide at least one-half of the individual’s expenses or that represents an average of at least twenty (20) hours of employment per week; employment conditioned on student status, such as work study, the receipt of stipends, fellowships or research or teaching assistantships, does not constitute gainful employment
4. Marriage to a person who has resided and maintained domicile (items 1-3 above) in Texas