Residency

Students must meet the following requirements:

1. You MUST be a U.S. citizen, permanent resident, an applicant for permanent resident status, employment authorized, or possess a visa that does not preclude you from establishing domicile in the U.S.
2. One year and one day of physical presence in the state of California.
3. Intent to remain in California

Non-residents still may attend college subject to non-resident tuition in addition to all other college mandatory fees. For the most up to date fees please see the MJC Business Services Office website.

Students who have been classified as a non-resident may request to be reclassified as a California resident if their status has changed. The form is available online and must be submitted with the appropriate documentation. Please see the Residency Consideration Request for more information.

1. Documents submitted for consideration must be dated at least one year and one day prior to the Residency Determination date. Documentation older than two (2) years may not be considered. Non-Citizens must provide proof of their eligibility to establish residency. 
2. MJC reserves the right to request additional documents when those presented do not sufficiently demonstrate legal status, physical presence, intent, financial independence (as relevant) and the "one-year plus one day" requirement. A minimum of two proofs must be submitted with the Residency Consideration Request.
3. Students who are under 19 years of age cannot establish their own residency, they derive residency from their parent or legal guardian. If a student is under 19 and classified as Out-of-country, documentation of legal status (Visa, Permanent Resident card, notice of action, etc. ) for the student and the parent must be presented. All documentation must be for the same parent or guardian. If the student lives with a legal guardian, court guardianship documents must also be submitted.
4. Students who fail to clear residency issues by the residency deadline will be responsible for the nonresident tuition fees.

All proofs must include the following information:

• Students name
• California address
• Residency determination date

Burden of Proof: The burden of proof lies with the STUDENT to demonstrate clearly both physical presence in California and intent to establish a California residence.

1. Physical Presence: A person capable is establishing residence in California must be physically present in California for one year and one day prior to the residence determination date (1st day of the term) to be classified as a resident for that term. 
2. Intent: The law and regulations require both physical presence and the intent of the student to make a home in California. Physical presence in the state solely for educational purposes does not constitute the establishment of California for residence regardless of the length of presence.

Financial Independence: A student who is classified as a non-resident, but has established financial independence, may be classified as a resident if the student has met the requirements of CCR 54020 for one year prior to the residence determination date. In order to change from non-resident to resident, a student must provide appropriate documentation that his/her circumstances have changed.

Out of State College Attendance: Students who have attended an out of state institution within the last 2 years will need to complete the residency consideration form and will ONLY be required to show proof of non-residence status at the out of state school AND a copy of your current California ID.

Non-citizen students, if their visa does not preclude them from establishing residency in the United States, may be classified as residents if they have resided in California more than one year and one day and if USCIS documents were issued or approved more than one year and one day prior to the beginning of the term. Examples of USCIS documentation that may be requested include:

• Permanent Resident card
• I-94 Form
• Visa
• Passport
• Employment Authorization card

Students whose USCIS documents were issued less than one year and one day prior to the start of the semester will be considered non-residents for tuition purposes. If the issue date on your USCIS document is not one year and one day old, you can use it along with your application for adjustment of status as long as the process started one year and one day prior to the start of the semester.

Non-Resident fees are NOT covered by your VA education benefits. 

AB 13 (VACA) Exemption or Veterans Access, Choice, and Accountability Act (VACA H.R. 3230)

Veterans or dependents of an eligible Veteran who meet the following requirements shall be exempt from paying non-resident tuition as Modesto Junior College. A "covered individual" for purposes of compliance with the VACA Act and Education Code Section 68075.7 is defined as:

1. A veteran eligible for educational assistance under either the Montgomery G.I. Bill - Active Duty (MGIB-AD) or Post-9/11 G.I. Bill education benefit programs who resides (lives) in California (regardless of his/her formal state of residence) and enrolls in the community college from a period of active duty service of 90 days or more.
2. An individual eligible for transferred education benefits under either the Montgomery G.I. Bill Active Duty (MGIB-AD) or Post-9/11 G.I. Bill education benefit program who resides (lives) in California (regardless of his/her formal state of residence) and enrolls in the community college from a period of active duty service of 90 days or more.
3. An individual is eligible for transferred Post-9/11 G.I. Bill benefits while the transferor is on active duty who resides (lives) in California (regardless of his/her formal state of residence) as described in 38 USC 3679 (c)(2)(B)(ii)(II). the 3-year enrollment period limitation does not apply to eligible dependents of active duty service members. 
4. An individual eligible for benefits under the Marine Gunnery Sergeant John David Fry Scholarship (provides Post-9/11 G.I. Bill benefits to the children and surviving spouses of service members who died in the line of duty while on active duty) who resides (lives) in California (regardless of his/her formal state of residence).
5. Individuals eligible for rehabilitation under 38 U.S. Code Section 3102 pursuing a course of education with education assistance from the Training and Rehabilitation for Veterans with Service-Connected Disabilities (Chapter 31) education benefits program. This change is effective for courses provided during a quarter, semester, or term beginning after March 1, 2019.

Under this exemption, students are NOT eligible to receive a California College Promise Grant (Formerly BOG waiver). Students will still be classified as a non-resident but given an exemption from paying non-resident tuition.

Senate Bill (SB) 701 amended California Education Code (CEC) 68075.7 to conform with the federal law that eliminated the requirement of the expiration of a 3-year eligibility period. Regardless of the passage date of SB 701, colleges must still implement the change by the August 1, 2021 effective date.

To apply for AB13 (VACA) California Non-resident Tuition Exemption for Eligible Veterans & Dependents you must:

1. Complete and sign the AB13 (VACA) Affidavit form.
2. Attach all applicable documentation:
   1. Copy of DD214 Certificate of Release or Discharge from Active Duty.
   2. Certification of Eligibility (COE) from VA confirming the approval of education benefits for the student.
   3. Copy of Photo ID

What is AB540?

Signed into law in October 2001, California Assembly Bill 540 (AB 540) is a bill that provides an exemption to the requirement to pay non-resident tuition. California Community College students who are granted an AB 540 exemption, will be charged in-state tuition and fees, and not the supplemental tuition charged to non-residents.

Who is eligible?

Students (including undocumented students) who, for various reasons, are classified as nonresidents may be eligible. You must meet the following requirements to be eligible. Please see the AB 540 Exemption form for more information. 

Time and coursework requirements

California community college means either 12 units of credit per semester (or quarter equivalent per year) or a minimum of 420 class hours per year (or semester or quarter equivalent per year) in non-credit courses authorized by Education Code section 84757.

1. Attendance for three full-time years or the equivalent at any combination of the following:
   • California high school
   • California adult school (established by a county office of education, a unified school district or high school district, or the Department of Corrections and Rehabilitation)
   • California community college (A year's equivalence)
   • OR
2. Attained credits earned in California from a California high school equivalent to three or more years of full-time high school course work and attended a combination of elementary, middle and/or high schools in California for a total of three or more years.

Degree or Unit Requirements

Meet one of the following requirements:

• Graduated from a California high school (or attainment of the equivalent)
• Obtain a certificate of completion, GED, HiSet or TASC in CA
• Earned an associate's degree from a California Community College
• Fulfilled the minimum transfer requirements from a California community college to a UC or CSU campus.

Signed Non-resident Exemption Request

• You also must have signed the California Non-resident Exemption Request, which states that you meet all the requirements to qualify for AB 540 status and, if you are undocumented, are in the process of adjusting your immigration status (or will do so as soon as you are eligible). 

The exemption is not available for students who are absent from California, and are taking distance education classes from California community colleges. 

Check your eligibility:

Immigrants Rising's CA In-state Tuition qualifier Tool helps you determine if you meet the attendance and degree requirements for in-state tuition.

Education Code section 68075.6 grants an immediate nonresident tuition fee exemption to eligible Special Immigrant Visa (SIV) holders and refugee students who settled in California upon entering the United States. This exemption is granted for one year from the date the student settled in California upon entering he United States. Please complete the AB 343 Non-resident Tuition Exemption Request if this applies to you.

This exemption applies to the following (Refugee, SI1, SI2, SI3, SQ1, SQ2, SQ3, T or U Visa):

• Iraqi citizens or nationals (and their spouses and children) who were employed by or on behalf of the United States Government in Iraq (Pub.L. No. 110-181, SS 1244).
• Afghan and Iraqi translators (and their spouses and children) who worked directly with the United States Armed Forces (Pub. L. No. 109-163, SS 1059)
• Afghanistan nationals (and their spouses and children) who were employed by or on behalf of the U.S. government or in the International Security Assistance Force (ISAF) in Afghanistan (Pub. L. No. 111-8, SS 602)
• Refugee students admitted to the United States under Section 1157 of Title 8 of the United States Code