Residency Frequently Asked Questions

1. Why does NMJC charge non-resident students more than resident students?
NMJC is supported by the General Fund of the State of New Mexico, and residents of the state contribute to it with their state taxes. As non-resident students (and their families) have not contributed to the Fund, they are required to pay tuition at a higher rate.

2. How may I establish residency for tuition purposes?

In general, you must:

be financially independent,
be 19 years of age,
live in New Mexico for 12 consecutive months prior to the beginning of the semester in which you petition,
meet the over acts required to support an intent to become a New Mexico resident.

3. When and how is my resident status determined?
The Registrar’s Office determines your residency when you are admitted or readmitted based on information you supplied on your application for admission. This residency status remains in effect until you either: 1) satisfy the requirements for residency and petition for resident classification for tuition purposes, or 2) lose residency by your absence from New Mexico or by exercising rights as a citizen of another state.

4. Does my residency automatically change after I have been here for one year?
No. It is your responsibility to file the petition for residency after you meet all requirements.

5. I’m under 18. How is my residency determined?
You are considered a minor under New Mexico law, if you are under 18. As a minor, your residency is presumed to be the same as your parents or legal guardian. If your parents or guardian are residents of another state, you are a non-resident for tuition purposes.

6. I’m under 18 and live out-of-state with one parent, but the other parent lives in New Mexico. What is my classification?
As a minor with a non-custodial parent (one you don’t normally live with) who is a resident of New Mexico, your classification is resident.

7. I turned 18 and have been attending NMJC as a non-resident. Am I now eligible to change my residency to New Mexico?
Until you are 18 your residency is presumed to be the same as that of your parents or legal guardians. When you turn 18, you may then begin to establish 12-month physical presence. Upon turning 19, you may then petition for residency if you meet all the requirements set forth by the New Mexico Higher Education Department.

8. How do I establish New Mexico residency for tuition purposes?

In general, you must meet the following basic requirements before the first day of classes:

The 12-Month Consecutive Presence Requirement: You must physically reside in New Mexico for the 12 months immediately preceding the term in which you request resident classification. You cannot begin to establish the 12-month physical presence requirement until your 18th birthday.
Consecutive physical presence may be proven by rental agreement(s) covering a 12 month period, unofficial transcripts from New Mexico colleges or universities where you have been enrolled for a 12 month period, or evidence of employment in New Mexico for a 12 month period.
The Financial Independence Requirement: If you are under the age of 23 at the time you apply for residency, you must be financially independent of parents or legal guardians who are not residents of New Mexico. In other words, your parents or guardian may not have claimed you as a dependent in the previous tax year.
If you are petitioning for residency in a spring semester, your parents or guardian must complete the Dependency Affidavit stating their intention to claim/not claim you when filing taxes for the prior tax year. The Affidavit must be submitted with your residency petition and supporting documentation. A copy of your parents’ or guardian’s 1040 tax form must then be submitted in mid-April to complete your petition.
The Written Declaration of Intent Requirement: You must sign a written declaration of intent to relinquish residency in any other state and to establish residency in New Mexico (part of the Petition for In-State Tuition Classification). By signing your residency petition, you are relinquishing residency in any other state.
The Overt Acts Requirement: New Mexico requires the completion of several overt acts to support your written declaration of intent to become a permanent resident. Documentation of two of the following overt acts must be submitted with your petition for residency:

Note: Although only two acts must be documented, any act considered inconsistent with New Mexico residency, e.g. voter registration in another state, holding and/or maintaining a driver’s license in another state, holding and/or maintaining a motor vehicle registration in another state, or paying in-state tuition at a college or university in another state will cause your request for resident classification to be denied.

1) If financially dependent, a copy of your parents’ or guardians’ previous year income tax form showing you as a dependent, and your parents’ address as New Mexico;
2) A New Mexico high school transcript issued in the past year confirming attendance at a New Mexico public or private high school within the past 12 months;
3) A transcript from an on-line high school showing a New Mexico address confirming your attendance within the past 12 months;
4) A New Mexico driver’s license or ID card with an original date of issue, or a renewal date issued prior to the application date for admission;
5) Proof of payment of New Mexico state income tax for the previous year;
6) Evidence of employment within the state of New Mexico;
7) New Mexico vehicle registration;
8) Voter registration in New Mexico;
9) Proof of residential property ownership in New Mexico;
10) A rental agreement within New Mexico;
11) Utility bills showing the applicant name and a New Mexico address;
12) Other evidence which would reasonably support a claim to establish and maintain New Mexico residency.

9. Are there exceptions to the residency regulations?
Yes. Provisions have been made for some special groups of people.

ACTIVE DUTY MILITARY
Non-resident members of the armed forces of the United States while stationed on active duty within New Mexico, their spouses and dependent children are exempt from non-resident tuition. The Active Duty Military Waiver form must be submitted to the Office of the Registrar no later than the second Friday of the semester.
OTHER MILITARY
A spouse or child of an active member of the armed forces who is assigned to duty elsewhere immediately following assignment to duty in New Mexico is deemed an in-state resident for tuition purposes of determining tuition and fees as long as the spouse or child resides continuously in New Mexico.
A spouse or child of an active member of the armed forces who dies or is killed is deemed an in-state resident for purposes of determining tuition and fees, if the spouse or child becomes a resident of New Mexico within 60 days of the date of death. A certification form must be submitted when the student initially enrolls. The waiver remains in effect for as long as the student enrolls continuously at the same institution.
NATIONAL GUARD
An active member of the National Guard and member’s spouse and dependent children shall be deemed in-state residents for purposes of determining tuition and fees. The Active Duty Military Waiver form must be submitted to the Office of the Registrar no later than the second Friday of the semester.
MARRIAGE
An individual married to a legal resident of New Mexico is not required to complete the 12-month durational requirement, but all other requirements must be met. Documentation of the spouse’s New Mexico residency and of the couple’s marriage is required.
RETIREES
Persons, their spouses, and dependents who move to New Mexico for retirement purposes, and who provide appropriate evidence of retirement, are not required to complete the 12-month durational requirement. However, all other requirements must be satisfied.
MEMBERS OF AN INDIAN NATION, TRIBE OR PUEBLO LOCATED WHOLLY OR PARTIALLY IN NEW MEXICO
A member of an Indian nation, tribe or pueblo that is located wholly or partially in New Mexico, regardless of the residence of the member prior to acceptance, is charged at resident rates. Evidence of membership must be presented no later than the second Friday of the semester to receive this waiver.

10. Are there programs that have residency eligibility restrictions?
Yes. If you are a participant in any of the following programs, you may not begin to establish residency (i.e., 12-month physical presence requirement) until after you discontinue the program.

Competitive Scholarships
WICHE/WUE Student Exchange

11. I’m not a U.S. citizen, but have permanent status from INS. May I qualify for residency?
Yes. If you have permanent resident status from INS or you are a non-citizen who serves on active duty in the U.S. armed forces, you may establish residency for tuition purposes by meeting all residency requirements. You may not establish residency if you are not a U.S. citizen and attend NMJC on a visa.

12. Must I meet all residency requirements before the start of the semester in which I petition for residency?
Yes. State regulations require that you complete all requirements for residency before the first day of classes.

13. What is the deadline for residency petitions?
You must submit your residency petition no later than the second Friday of the term. If your petition is submitted after the deadline, it cannot be considered. Petitions for the fall semester may be submitted beginning the first week of July, and for the spring semester beginning the first week of December.

14. I didn’t petition as soon as I was eligible. May I receive a refund of the out-of-state tuition I paid?
No. It is your responsibility to petition for residency when you believe you meet the requirements. According to state regulations, students who fail to petition waive the right to recover the difference.

15. How long does it take to process my petition?
Petitions are typically reviewed in one to three working days. You will receive a letter advising you of the decision. You may also contact the Office of the Registrar to find out if your residency status has changed.

16. My petition was denied? Do I have any recourse?
If your petition was denied, you may amend it with additional information in support of your claim. An amended petition is reviewed by the same standards as the original. Amended petitions are subject to the same deadline as originals.

17. My petition was denied because I am unable to meet some of the requirements. May I petition again?
Yes. You may petition again in the next petition period when you will have met all outstanding requirements.

18. Can I lose my residency status?
Yes. If you establish residency in another state, you lose your New Mexico residency. You can also lose your residency if are absent from the state for 12 months. Residency may be revoked if NMJC finds that residency was granted to you on the basis of false or misleading information.