Page 26 of GayWay Community College Catalog by GateWay Community College Phoenix Arizona

25 2005-2006 GateWay Community College Catalog Students Administrative Regulations (AR) 2.0 H. A person who is a member of an Indian tribe recognized by the United States Department of the Interior whose reservation land lies in the state and extends into another state and who is a resident ofthereservationisentitledtoclassificationasanin-statestudent. Alien In-State Student Status A. An alien shall be classified as an in-state student if the alien can establish that on or before the official starting date of the semester the alien meets one of the following situations: 1. Has been domiciled in the state for at least one year immediately preceding the official starting date of the semester. 2. Is domiciled in this state and: a) The domicile of the aliens parent is in this state, and b) The parent is entitled to claim the alien as an exemption for federal and state tax purposes. 3. The alien is domiciled in this state and the alien is: a) An employee of an employer which transferred the alien to this state for employment purposes, or b) The spouse of such an employee. 4. Qualifies as an in-state refugee student by virtue of having beengrantedrefugeestatusinaccordancewithallapplicable lawsoftheUnitedStatesandhavingmetallotherrequirements for domicile in this state. B. In establishing domicile, the alien must not hold a visa that prohibits establishing domicile in this state. After meeting other residencyrequirements,studentsholdingvalid,unexpiredvisasin the following categories may be classified as in-state students: A Foreign Government Official E Treaty Trader G Principal Resident Representative of Recognized Foreign Member Government to International Staff K Fianc or Child of Fianc of U.S. Citizen L Intracompany Transferee N Parent or Child Accorded Special Immigrant Status O Workers of Extraordinary Ability in Sciences, Arts, Education, Business, or Athletics P InternationallyRecognized EntertainersandAthletes, Reciprocal Exchange or Culturally Unique Artists and Entertainers Q Cultural Exchange Visitors V Spouses and Dependent Children of Lawful Permanent Residents I-688 Employment Authorization C. Students who hold visas as listed in section B above, or who were issued a visa of a type other than those listed in section B above and have submitted an I-485 to Citizenship and Immigration Services (CIS) or have been out of status for at least one year, may establish domicile by complying with paragraphs A1, A2 or A3 above. In establishing domicile, the alien must be in a status that does not prohibit establishing domicile in this state for at least one yearimmediatelyprecedingtheofficialstartingdateofthesemester. In the event a student who is not a United States citizen intends to establish domicile under paragraphs A2a. (dependent of parent parent domiciled in Arizona), the students parent, in order to establish domicile, must hold a valid, unexpired visa in one of the categories listed in paragraph B above. To be eligible to establish domicile, the parent must 1. hold a valid visa of a type as listed in paragraph B, or 2. have never held a visa, or 3. have been issued a visa of a type other than those of the foregoing categories but be out of status for at least one year. D. A persons status as an undocumented or illegal alien shall not preclude that person from being able to qualify as an in-state student on the same terms as other persons. E. An alien is entitled to classification as an in-state refugee student if such person has been granted refugee status in accordance with all applicable laws of the United States and has met all other requirements for domicile. PresumptionsRelatingtoStudentStatus Unless there is evidence to the contrary, the registering authority of the community college or university at which a student is registering will presume that: A. No emancipated person has established a domicile in this state while attending any educational institution in this state as a fulltime student, as such status is defined by the community college district governing board or the Arizona Board of Regents, in the absence of a clear demonstration to the contrary. B. Once established, a domicile is not lost by mere absence unaccompanied by intention to establish a new domicile. C. A person who has been domiciled in this state immediately before becomingamemberoftheArmedForcesoftheUnitedStatesshall not lose in-state status by reason of such persons presence in any other state or country while a member of the Armed Forces of the United States. Proof of Residency When a students residency is questioned, the following proof will be required: A. In-State Residency 1. An affidavit signed by the student must be filed with the person responsible for verifying residency. 2. Any of the following may be used in determining a students domicile in Arizona: a) Income tax report b) Voter registration c) Automobile registration d) Drivers license e) Place of graduation from high school f) Source of financial support g) Dependency as indicated on federal income tax return h) Ownership of real property i) Notarized statement of landlord and/or employer j) Bank accounts k) Other relevant information

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