Residency

Find out if you qualify for in-state tuition and what documents you need to establish residency at Butte College. We’ll guide you through the requirements so you can move forward with confidence.

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Welcome! ¡Bienvenidos! Zoo siab txais tos!

Butte College welcomes undocumented and mixed-status students as part of the Roadrunner community! We are honored to be a part of your educational journey, and we look forward to celebrating your successes while you are here!

Residency Re-evaluation

We are accepting your completed Residency Re-evaluation form and supporting documentation. Fill out the form, upload your documents using the Attachments icon, and click Submit at the bottom left of the screen.

If you need help with the form or have questions about California residency requirements for community colleges, contact the Residency Technician at residency@butte.edu or schedule an appointment: Residency Appointment Scheduling.

The following information is extracted from California Education Code sections 68000 and after, as well as California Administrative Code Title V, sections 54000-54072.

Each student at the time of admission or returning to Butte College (after being absent for one semester or more) will be classified according to his/her legal residence. Evidence may be required to prove physical presence in California and intent to make California the permanent home.

Residency Re-Evaluation Form

Residency determination shall be made as of the first day of the semester of application.

Students wishing to have their residency re-evaluated are welcome to submit their completed residency re-evaluation form and required documentation or submit an AB540 California Non-resident Tuition Exemption request and education transcripts during our regular business hours.

1. Obtain physical presence in California one year and one day prior to the residency determination date.
Note: The one year period begins when you are not only present in California but also have demonstrated clear intent to become a permanent resident of California.

Acceptable evidence of physical presence:

Owning residential property or continuous occupancy of rented or leased property in California
Current registration to vote and voting in California
Having a current license for a California business
Showing California as a home address on State or Federal tax forms for the previous two years
Evidence of California employment for the last two years
Transcripts from a California high school or college for the last two years

2. Demonstrate a clear intent to make California your permanent place of residency:
(No one factor is controlling.)

Acceptable evidence of intent:

Possessing California driver's license
Possessing California motor vehicle license plates
Establishing and maintaining active California bank accounts
Holding active membership in service or social clubs
Utility bills (gas, water, power, telephone)
Documentation of credit agreements with California businesses

3. Not be involved in conduct inconsistent with a claim of California residency.
Note: Butte College considers these above all others:

Maintaining voter registration in another state
Being a petitioner for divorce in another state
Attending an out-of-state institution as a resident of that state
Declaring non-residency for state income tax purposes
Maintaining a driver's license and/or vehicle registration in another state

Special residency rules: There are special residency rules which may apply in the following cases:

Re-establishing California residency: For complete details on your specific situation, please contact the Residency Technician.
Under 19 and Unmarried: please contact the Residency Technician.
Veterans/Active Duty Military Member and Dependents
AB 13 (VACA) Exemption or Veterans Access, Choice, and Accountability Act (VACA H.R. 3230)
Noncitizens, Immigrants, and Undocumented Students
Immigrants Rising CA Nonresident Tuition AB540 Resources

Any student, other than a nonimmigrant alien, who meets all of the following requirements shall be exempt from paying nonresident tuition at the California Community Colleges, the California State University, and the University of California.

Requirements

The student must have attended a high school (public or private) in California for three or more years.
The student must have graduated from a California high school or attained the equivalent prior to the start of the term (for example, passing the GED or California High School Proficiency Exam)
An alien student who is without lawful immigration status must file an affidavit with the college or university stating that he or she has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so.
Students who are nonimmigrants [for example, those who hold F(student) visas, B(visitor) visas, etc.] are not eligible for this exemption.
The student must file an exemption request, including a signed affidavit with the college that indicates the student has met all applicable conditions described above. Student information obtained in this process is strictly confidential unless disclosure is required under law.
Students eligible for this exemption who are transferring to another California public college or university must submit a new request (and documentation if required) to each college under consideration.
Nonresident students meeting the criteria will be exempted from the payment of nonresident tuition, but they will not be classified as California residents. They continue to be "nonresidents".
AB 540 may provide undocumented students with eligibility for state financial aid programs and scholarships. These students remain ineligible for federal financial aid.

Some students may qualify for an AB 540 waiver. This waiver entitles students who qualify to have their non-resident fees waived for the semester.

Procedures for Requesting This Exemption from Nonresident Tuition

Complete the California Nonresident Tuition Exemption Request. Submit to the Admissions and Records Office after you have enrolled in classes. You are required to submit education transcripts to validate requirements with your completed exemption request form.

Steps for Submitting Required Documents
Non-Resident Tuition Waiver (AB540) Request Form

If you have already been classified as a non-resident and you wish to appeal that decision you must complete the Residency Re-Evaluation Form.

We are here to support you! Contact us for help at residency@butte.edu or schedule an appointment: Residency Appointment Scheduling.

Need help with AB 540? The Butte College Undocucenter is here to answer questions!

AB2210

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 the United States.

This exemption applies to the following:

Iraqi citizens or nationals (and their spouses and children) who were employed by or on behalf of the United States Government in Iraq
Afghan and Iraqi translators (and their spouses and children) who worked directly with the United States Armed Forces
Afghanistan nationals who were employed by or on behalf of the U.S. government or in the International Security Assistance Force (ISAF) in Afghanistan
Refugee students admitted to the United States under Section 1157 of Title 8 of the United States Code

If you are in the United States with a Visa that allows establishment of residency, then the one year physical presence and intent will apply. If your visa precludes you from establishing residency, then you would be charged the non-resident enrollment fees. You must provide the visa information when submitting your application. You may be asked to show visa to prove residency. The following visas can establish residency:

Permanent Resident Visa (1551)

A-1, A-2, A-3, E-1, E-2, G-1, G-2, G-3, G-4, G-5, H-1, H-4, I, K, L-1, L-2, O-1, O-3, R, AND TC
Go back to Residency for information concerning presence and intent

The following Visas cannot establish Residency status for the community college:

B-1, B-2, D-1, D-2, H-2, H-3, M-1, M-2, O-2, P-1, P-2, P-3, P-4, Q, AND OUT OF STATUS.

Persons with the following Visas must contact our International Student Technician at Butte for information concerning applications and admittance to Butte College:

F-1, F-2, J-1, J-2

Visit the International Student Admissions webpage for more information or call the International Students Technician at (530) 895-2991

Your Right to Appeal
If you’ve been classified as a non-resident, you have the right to ask for a review of this decision (as per Title 5 Section 54010 (a)). After the Senior Admissions and Records Technician makes the final decision about your residency status, you can submit a written appeal to the Admissions and Records Director or Assistant Director. You have 30 days from the date you are notified of the decision to submit your appeal.

How to Appeal

Submit your written appeal to the Admissions and Records office at any campus location. They will forward it to the Director or Assistant Director within five working days.
Your appeal should include:
- A cover letter explaining why you believe you should be classified as a California resident.
- Any documents that support your case (like proof of residency).

What Happens Next

The Admissions & Records Director or Assistant Director will review all the information. They may ask you for more details if needed. Within 30 days of receiving your appeal, they will send you a written response explaining the decision and the reasons behind it.

Data Protection Statement

Butte College will not release any personally identifiable student information, including any data related to immigration status, without a judicial warrant, subpoena, or court order, unless authorized by the student or required by law.

Students can be confident that, based on federal and state law, any information they submit on their college admission applications will not put themselves or their families at risk.

Directory information, which includes name, dates of attendance, and other factors, can be considered public information. Students may request that the college restrict access to their directory information by contacting the Admissions or Registrar’s Office.