Determination of Residency

Residency is determined by information and documents provided during the admissions process.  Admissions will initially make a best guess determination, based on initial information received. If, upon review of your record by the Office of the Registrar, we need more information, you will be contacted.  Also, if it is deemed that the initial Admission’s determination of residency/non-residency is inaccurate, the status will be corrected by our office and you will be assessed the appropriate tuition rate.  All residency determinations must be made by our third Friday census date each term.  However, all residency requirements must be met before the start of the term.  For returning students petitioning for a change of tuition classification, we must have all necessary documentation before this date.

Our office follows the rules set forth by the New Mexico Higher Education Department.  In order to pay in-state rates, a student must be a legal resident of the state of New Mexico.

How does one establish residency in New Mexico?

  1. You must physically reside in the state for at least 12 consecutive months.
  2. You must be a United States citizen or have obtained a permanent status from the Department of Homeland Security.
  3. If you proving financial independence, you must be able to prove that you are not financially dependent (not claimed on federal taxes) from non-resident parent/guardian.
  4. Sign a written declaration of intent to relinquish residency in any other state and establish residency in NM.
  5. Overt Acts: New Mexico requires the completion of several overt acts to support your written declaration of intent to become a resident for tuition purposes.

Persons under the age of 18 are considered minors under the law. A minor’s residence is presumed to be the same as his/her parents’ or legal guardian’s. The residence decision for students under 18 is based upon the legal residence of the parents or legal guardian. In the event that a non-custodial parent is a legal resident of New Mexico, the minor student will be classified as a resident.

How is residency determined? If you are financially dependent on a parent/guardian who are not legal residents of New Mexico, you are a resident of the same state of your parent/guardian.

If you are not claimed by your parent/guardian for federal tax purposes, you might be what is considered financially independent.  However, you must be able to provide the appropriate documentation to our office to establish that you are financially independent and have resided in New Mexico for at least 12 consecutive months.