1. Non-U. S. Citizens- Persons who are not U.S. citizens but who hold eligible immigration status documentation have the capacity to establish legal residence for tuition purposes. This requires visa and immigration status that grants the legal ability to establish and maintain a bona fide domicile in this country. Such people are subject to the same considerations as U.S. citizens in determining residence status for tuition purposes and must provide evidence of intent to domicile.
The following types of documentation enable a non-U.S. citizen who is legally present in this state to have the capacity to establish domicile:
a. Evidence of either of the following:
(1) A valid A-1, A-2, E-1, E-2, E-3, G-1, G-2, G-3, G-4, H-1B, H-1C, H-4, I, K-1, K-2, K-3, K-4, L-1A, L-1B, L-2, N, O-1, O-3, P-1, P-2, P-3, P-4, R-1, R-2, T-1, T-2, T-3, T-4, T-5, U-1, U-2, U-3, U-4, U-5, V-1, V-2, V-3, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, or NATO-6 visa status (eligibility for in-state tuition under these visa statuses lasts only so long as the time frame of the authorized stay under the applicable visa status); or
(2) A pending Application to Adjust Status (Form I-485) and an approved Immigrant Petition
(Forms I-130, I-360, or I-140).
b. One of the following:
(1) A Permanent Resident Card I-551; or
(2) A USCIS-issued notice of approval of Application to Adjust Status (I-485); or
(3) A current Conditional Permanent Resident Card.
Non-immigrant visa statuses such as B, C, D, F, J, M, Q, S, and TN visas (and dependent visas for spouses and children such as a TD visa) cannot establish domicile with these documents, in and of themselves, unless there is a change in their visa status. An Employment Authorization Document (EAD or EAC) is a document that provides non-U.S. citizens with the authorization to work in this country. An EAD or EAC, in and of itself, does not confer any immigrant or non-immigrant status and does not give the EAD or EAC holder the legal capacity to establish residency for tuition purposes in this state.
2. Members of the Armed Forces and their dependents - Active duty personnel in the armed services, and their spouses, dependent children and dependent relatives may be eligible for in-state tuition. An active duty member of the military (and their eligible family members) who qualifies for admission to an institution of higher education in the State may qualify for in-state tuition in two ways:
• as a domiciliary of the State, or
• under a special provision of North Carolina and federal law requiring that non-resident active duty military personnel and their eligible family members be charged in-state tuition when assigned to a duty station in North Carolina.
3. Members of the North Carolina National Guard - Any member of the North Carolina National Guard, regardless of whether the person is a legal resident of North Carolina, is eligible for in-state tuition rate during the Guard Member's period of service whether in a reserve or active status. Complete the Armed Services member of the Reclassification application and submit proof of active N. C. National Guard membership and a recent pay statement.
4. UNC Employees and their families - Permanent full-time employees of the University of North Carolina who are legal residents of North Carolina qualify as resident for tuition purposes even if they have not maintained legal residency for the required 12 consecutive months prior to residence classification.
5. Married Persons - Although a nonresident cannot automatically achieve resident status simply by marrying a person domiciled in North Carolina, a nonresident person who marries a North Carolina legal resident may benefit from the length of time his or her spouse has been domiciled in this state. If the nonresident spouse becomes domiciled in North Carolina, he or she may count the length of time the resident spouse has been domiciled in North Carolina for purposes of satisfying the 12-month requirement for in-state tuition. The qualifying event must have occurred prior to the first day of the term for which the in-state tuition rate is requested. Qualification for this benefit is determined by information provided by the applicant including the North Carolina resident spouse's residency information and legally valid marriage documentation.