Proof of Lawful Presence & Georgia Residency Resource Guide for Staff November 2011

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1 Proof of Lawful Presence & Georgia Residency Resource Guide for Staff November 2011 Residency Resource Guide 11/04/11 DW Page 1

2 TCSG Residency Policy V. B. 3. Residency Resource Guide 11/04/11 DW Page 2

3 V. B. 3. Residency Effective Date: Revised February 3, 2011; August 4, 2011 Revises Previous Effective Date: Unknown, May 3, 2007, February 3, 201, August 4, 2011 I. POLICY: TCSG recognizes three student residency categories: Georgia Student, Out of State Student, and Non-Citizen Student. The student residency category governs the tuition rate paid by the student. II. APPLICABILITY: All technical colleges associated with the Technical College System of Georgia. III. RELATED AUTHORITY: V.K. Student Tuition and Fees Procedure: Residency Procedure: Waiver of Student Tuition and Fees Title IV Assistance. 34 C.F.R SFA Information for Financial Aid Professionals Exhibit 1 - Reciprocity Agreement with Alabama Title 8 of Code of Federal Regulations (8 CFR)/8 CFR Part Nonimmigrant Classes/Sec. O.C.G.A IV. DEFINITIONS: Domicile: a person s present, permanent home where that individual returns following periods of temporary absence. Domicile, once established, shall not be affected by mere transient or temporary physical presence in another state. No individual may have more than one Domicile even though an individual may maintain more than one residence. Temporary residence does not constitute the establishment of one s Domicile. To acquire Domicile, an individual must demonstrate an intent to remain permanently or indefinitely. Eligible Non-Citizen: a person who, in accordance with the Federal Title IV definition, is a United States permanent resident with a Permanent Resident Card (I-551); or a conditional permanent resident (I- 551C); or the holder of an Arrival-Departure Record (I-94) from the Department of Homeland Security showing any one of the following designations: Refugee, Asylum Granted, Parolee (I-94 confirms Residency Resource Guide 11/04/11 DW Page 3

4 paroled for a minimum of one year and status has not expired); Victim of human trafficking, T-Visa holder (T-1, T-2, T-3, etc.), or Cuban-Haitia Entrant. Georgia Resident: an individual or the status of such individual who is a United States Citizen or Eligible Non-Citizen and is Domiciled in the State of Georgia and meets the in-state tuition requirements of TCSG. Non-Citizen Student: a person who is not a United States born or naturalized citizen of the United States including persons with an F1 or F2 student visa, a J1 or J2 exchange visitor visa, or a G series visa. Out of State Student: a person who has not established domicile in the State of Georgia for a period of at least 12 months prior to the first day of classes for the term for which the person is intending to enroll. V. ATTACHMENTS: None VI.PROCEDURE: A. A student's legal residence shall determine the tuition rate paid by the student. 1.) Students who are Georgia Residents shall pay tuition and fees prescribed by the State Board for in-state students. 2.) Out of State Students will be assessed tuition at a rate two times that charged Georgia Residents. 3.) Non-Citizen Students will be assessed tuition at a rate four times that charged Georgia Residents. B. The President of each technical college has the authority to determine whether the college will make application to the Immigrations and Customs Enforcement to be approved to accept international students as provided by law. C. On the application for admission, the technical colleges shall require students to identify his or her country of lawful residence and indicate whether or not the student is applying for Georgia resident tuition status. D. Each college shall be responsible for the verification of the lawful presence in the United States of every successfully admitted student applying for Georgia resident tuition status as required by state and federal immigration laws; this provision does not apply to students dually enrolled in a secondary institution. E. Each college shall be responsible for compliance with state and federal immigration laws pertaining to the eligibility for public benefits, including but not limited to in-state tuition and state programs identified as public benefits administered by TCSG. Reference O.C.G.A Procedure: Residency Residency Resource Guide 11/04/11 DW Page 4

5 TCSG Residency Procedure Residency Resource Guide 11/04/11 DW Page 5

6 Procedure: Residency Effective Date: November 9, 2010, January 1, 2011 Revises Previous Effective Date: Replaces November 9, 2010; March 10, 2010,; May 25, 2011 Amended: May 25, 2011 I. POLICY: To ensure that all technical colleges in the Technical College System of Georgia (TCSG) apply residency requirements uniformly and in accordance with the rules and regulations of both the Technical College System of Georgia and the Georgia Student Finance Commission (GSFC). II. APPLICABILITY: All technical colleges associated with the Technical College System of Georgia. III. RELATED AUTHORITY: IV.G. Technical College Calendars V.B.3. Residency V.K. Student Tuition and Fees GSFC Rules and Regulations O.C.G.A IV. DEFINITIONS: Academic Year: See definition in IV.G. Technical College Calendars Policy. Accrediting Agency: an association or agency recognized to function as an evaluator of the quality of the educational institutions and programs. Alternative Study: course work included in college Degree credit-earning programs of study that require travel outside of the State of Georgia, but within the United States. Associate Degree: a two-year college level Degree conferred on students by a postsecondary institution upon completion of a unified program of study in an academic discipline or major at the Undergraduate level. Associate Degrees typically require a student to earn at least 90 quarter or 60 semester hours of college credit. Award Year: four consecutive quarters beginning with the summer term and ending with the spring term. Beginning Fall Semester 2011, the award year will consist of a fall and spring semester with a shorter summer semester. Residency Resource Guide 11/04/11 DW Page 6

7 Continuously Enrolled: a student who is making satisfactory academic progress toward completion of a degree, diploma, or certificate program of study at an Eligible Postsecondary Institution, and such student is without a break in enrollment of more than one traditional academic quarter or semester. A student who is not enrolled for two or more consecutive academic quarters or semesters is not considered to be a Continuously Enrolled student. Participation in eligible Alternative Study programs are not considered to be breaks in enrollment. Degree: a two-year Associate Degree conferred on students by a postsecondary institution upon completion of a unified program of study in academic discipline at the Undergraduate level. Dependent Student: an individual under the age of 24 who receives financial support from a parent or United States court-appointed Legal Guardian whose federal or state tax return lists the individual as dependent. Diploma: a credential indicating satisfactory completion of training in an academic program of study offered by a postsecondary institution that is not an Associate Degree. Domicile: a person s present, permanent home where that individual returns following periods of temporary absence. Domicile, once established, shall not be affected by mere transient or temporary physical presence in another state. No individual may have more than one Domicile even though an individual may maintain more than one residence. Temporary residence does not constitute the establishment of one s Domicile. To acquire Domicile, an individual must demonstrate the intent to remain permanently or indefinitely. Eligible High School: any private or public secondary educational institution in the state of Georgia that is authorized to grant high school diplomas and is on the TCSG approved accreditation agency list. Eligible Non-Citizen: a person who, in accordance with the Federal Title IV definition, is a United States permanent resident with a Permanent Resident Card (I-551); or a conditional permanent resident (I-551C); or the holder of an Arrival-Departure Record (I-94) from the Department of Homeland Security showing any one of the following designations: Refugee, Asylum Granted, Parolee (I-94 confirms paroled for a minimum of one year and status has not expired); Victim of human trafficking, T-Visa holder (T-1, T-2, T-3, etc.), or Cuban-Haitian Entrant. Persons with an F1 or F2 student visa, a J1 or J2 exchange visitor visa, or a G series visa do not meet the definition of an Eligible Non-Citizen. Full-Time: enrollment for the equivalent of at least 12 quarter or semester hours of postsecondary credit of a Matriculated student at a college in the Technical College System of Georgia. Full-Time Employment: an individual who has an annual earned income reported for tax purposes that is equivalent to minimum wage earned by working forty hours per week during fifty weeks of work per year. Residency Resource Guide 11/04/11 DW Page 7

8 Georgia Resident/Georgia Residency: an individual or the status of such individual who is a United States Citizen or Eligible Non-Citizen and is domiciled in the State of Georgia and meets the in-state tuition requirements of the State Board of the Technical College System of Georgia. Georgia Student Finance Commission (GSFC): the agency responsible for administering postsecondary educational student financial aid programs for the State of Georgia. Independent Student: an individual who is not claimed as a dependent on the federal or state income tax returns of a parent or United States court-appointed legal guardian who has ceased to provide support and right to that individual s care, custody, and earnings. In-State Tuition Classification: a status granted to a student, in accordance with the policies of the State Board of the Technical College System of Georgia, who has been determined to be eligible to pay tuition at the in-state rate. International Tuition Classification: a status granted to a student, in accordance with the policies of the State Board of the Technical College System of Georgia, who has been determined to be ineligible to pay tuition at either the In-State Tuition Classification rate or the Out-of-State Tuition Classification rate. Legal Guardian: an individual who has been granted custody of a Dependent Student (under the age of 24) by a court in the United States. Matriculated: a student who is fully admitted and enrolled in a college in the Technical College System of Georgia in a unified academic program of study leading to a Degree, Diploma, or Certificate. Retroactively gaining Matriculated status will not establish retroactive eligibility. Military Personnel: an active and full-time member of the Armed Forces of the United States, including members of the Army, Navy, Air Force, Marine Corps, and Coast Guard. Commissioned officers of the Public Health Service or the National Oceanic and Atmospheric Administration on active duty are also considered to be military personnel Non-Citizen: a person who is not a United States born or naturalized citizen of the United States. Non-Resident: a person who has not established Domicile in the State of Georgia for a period of at least 12 months prior to the first day of classes for the term for which the person is intending to enroll at a technical college. Out-of-State Tuition Classification: the status granted to a student, in accordance with the policies of the State Board of the Technical College System of Georgia, who has been determined to be ineligible to pay tuition at the In-State Tuition Classification rate. Out-of-State Tuition Waiver: a waiver of the difference in tuition paid by students with an Outof-State Tuition Classification and those with an In-State Tuition Classification, in accordance with the policies of the State Board of the Technical College System of Georgia. Residency Resource Guide 11/04/11 DW Page 8

9 Parent: the natural mother or father, adoptive parent, or United States court-appointed legal guardian of a student. Postsecondary Educational Institution: an institution of higher education above the high school level. Reciprocity: Students domiciled in an out-of-state county bordering Georgia, enrolling in a program offered at a location approved by the TCSG, and for which the offering institution has been granted permission to award Reciprocity waivers. Residence: the state within the United States of America where an individual currently lives. An individual may be residing in the State of Georgia and may be classified as having established residency in Georgia for securing marital status, a driver s license, or classification of taxpayer status, but does not meet the qualifications to establish Domicile in the State of Georgia. Technical Certificate of Credit: a credential indicating satisfactory completion of training in an academic program of study offered by a postsecondary education institution which is not a Diploma or an Associate Degree. Tuition: the charges to a student for instruction without regard to other fees such as technology, activity, athletic, health, etc. United States Citizen: a citizen of the 50 states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands. V. ATTACHMENTS: N/A VI. PROCEDURE: A. Overview: Each college shall be responsible for the verification of the lawful presence in the United States of every successfully admitted student applying for Georgia resident tuition status as required by state and federal immigration laws, unless the student is participating in a dual enrollment program with a secondary institution. Verification procedures shall comply with O.C.G.A B. Determining a student s residency status must be based on the existence of surrounding objective circumstances that indicate a student s intent to maintain a permanent presence, or Domicile, in the State of Georgia. No single factor is conclusive. Similarly, there is no predetermined number of factors required to be met. The following indicators may be considered when documenting the Domicile of an individual, but this is not an exhaustive list: Location of employment. Location of voter registration. Location of property, including home purchase, and taxes paid thereon. Residency Resource Guide 11/04/11 DW Page 9

10 C. Georgia Residency 1. Dependent Students: State for which the individual filed and paid state income taxes. Address and other information on federal and state income tax returns. State where the person s automobile title is registered and the payment of property taxes thereon. Address on driver s license and state of issuance. Address on the Georgia Driver s License Bureau ID. Reason for initially coming to Georgia. State of issuance of business, professional, or other licenses. Location of checking, savings, or other banking accounts. Citizenship Requirements: o A student meets the Citizenship Requirements, for purposes of this procedure and the related policies, if he or she is a United States Citizen, born or naturalized. o A student meets the Citizenship requirements, for purposes of this procedure and the related policies, if he or she is an Eligible Non- Citizen, according to the Federal Title IV definition. o Ineligible Non-Citizens: A Non-Citizen cannot qualify for in-state tuition. However, in the discretion of the President of the college the international tuition may be waived in favor of an out of state tuition rate for a Non-Citizen who has been verified as lawfully present in the United States in accordance with state and federal immigration laws. A Dependent Student meets the Georgia Residency Requirements, for purposes of this procedure and the related policies, if his or her Parent has established and maintained Domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes of the school term for which the student is seeking in-state tuition, and Such student graduated from an Eligible High School located in the State of Georgia; or The Parent claimed the student as a dependent on the Parent s most recent federal income tax return. A Dependent Student meets the Georgia Residency Requirements, for purposes of this procedure and related policies, if a United States court-appointed Legal Guardian has established and maintained Domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes of the school term for which the student is seeking in-state tuition, provided that the appointment was not made to avoid payment of Out-of-State Tuition. Residency Resource Guide 11/04/11 DW Page 10

11 2. Independent Students: D. Retaining Georgia Residency An Independent Student meets the Georgia Residency requirements, for purposes of this procedure and the related policies, if he or she has established and maintained Domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes of the school term for which the student is seeking In-State Tuition. It is presumed that no Independent Student shall have gained or acquired Georgia Residency, for purposes of this procedure and the related policies, while attending a TCSG college without clear evidence of having established a Domicile in the State of Georgia for purposes other than attending a TCSG college. Dependent Students: If the Parent or United States court-appointed Legal Guardian of a Dependent Student who was correctly determined to meet Georgia Residency requirements for the purposes of this procedure and the related policies, establishes Domicile outside the State of Georgia, such student shall continue to retain his or her status as a Georgia Resident, for purposes of this procedure and the related policies, as long as such student remains Continuously Enrolled in a TCSG college. Independent Students: If an Independent Student who was correctly determined to meet Georgia Residency requirements, for purposes of this procedure and the related policies, temporarily relocates outside the State of Georgia, but returns to the State of Georgia within 12 months, such student shall retain his or her status as a Georgia Resident, for purposes of In-State Tuition. E. Eligibility for In-State Tuition Waivers: Students in the following classifications are eligible for In-State Tuition waivers. These waivers do not affect the student s eligibility for the HOPE Scholarship or Grant, except for waivers for military personnel and their dependents as provided for in the GSFC regulations.: Employees and their children who move to Georgia for employment with a new or expanding industry as defined in OCGA ; Full-time employees of the Technical College System of Georgia, their spouses, and dependent children; Full-time teachers in a public school, a military base, or a public postsecondary college, their spouses, and dependent children; United States military personnel stationed in Georgia and on active duty and their dependents living in Georgia; Residency Resource Guide 11/04/11 DW Page 11

12 United States military personnel, spouses and dependent children reassigned outside Georgia, who remain continuously enrolled and on active military status; United States military personnel and their dependents that are Domiciled in Georgia, but are stationed outside the State; Students who are Domiciled in out-of-state counties bordering on Georgia counties and who are enrolled in a Technical College with a local reciprocity agreement; Career consular officers and their dependents that are citizens of the foreign nation which their consular office represents, and who are living in Georgia under orders of their respective governments. This waiver shall apply only to those consular officers whose nations operate on the principle of educational reciprocity with the United States. Notwithstanding any provision in this procedure, no person who is unlawfully present in the United States shall be eligible for any waiver of the tuition differential VII. RECORD RETENTION: Documents collected pursuant to this procedure are subject to the Georgia Records Retention Schedule. Residency Resource Guide 11/04/11 DW Page 12

13 TCSG Policy V. K. on Student Tuition & Fees Residency Resource Guide 11/04/11 DW Page 13

14 V. K. Student Tuition and Fees Effective Date: May 5, 2011, August 4, 2011 Revises Previous Effective Date: March 4, 2010, May 5, 2011 I. POLICY: Technical college students will be charged tuition and related fees Tuition for courses in curriculums leading to a diploma or associate degree shall be charged on a uniform basis among all technical colleges unless specifically exempted by State Board Policy. II. APPLICABILITY: All technical colleges associated with the Technical College System of Georgia. III. RELATED AUTHORITY: V.B.3. Residency Procedure: Waiver of Student Tuition and Fees Title IV Assistance. 34 C.F.R SFA Information for Financial Aid Professionals Exhibit 1 - Reciprocity Agreement with Alabama Title 8 of Code of Federal Regulations (8 CFR)/8 CFR Part Nonimmigrant Classes/Sec O.C.G.A IV. DEFINITIONS: Domicile: a person s present, permanent home where that individual returns following periods of temporary absence. Domicile, once established, shall not be affected by mere transient or temporary physical presence in another state. No individual may have more than one Domicile even though an individual may maintain more than one residence. Temporary residence does not constitute the establishment of one s Domicile. To acquire Domicile, an individual must demonstrate an intent to remain permanently or indefinitely. Eligible Non-Citizen: a person who, in accordance with the Federal Title IV definition, is a UnitedStates permanent resident with a Permanent Resident Card (I-551); or a conditional permanent resident (I- 551C); or the holder of an Arrival-Departure Record (I-94) from the Department of Homeland Security showing any one of the following designations: Refugee, Asylum Granted, Parolee (I-94 confirms paroled for a minimum of one year and status has not expired); Victim of human trafficking, T-Visa holder (T-1, T-2, T-3, etc.), or Cuban-Haitian Entrant. Residency Resource Guide 11/04/11 DW Page 14

15 Exemption: not charging tuition and/or fees for a specific category of student or course as defined at the system or college level. Full Time Student: A student who takes twelve or more credit hours in any given term is considered a Full Time Student. Georgia Student: A student who is a resident of the United States and otherwise qualifies as Georgia Resident shall pay tuition and fees prescribed by the State Board for in-state students. Georgia Resident: an individual or the status of such individual who is a United States Citizen or Eligible Noncitizen and is domiciled in the State of Georgia and meets the in-state tuition requirements of the Technical College System of Georgia. Mandatory fees: Fees which are paid by all students as required by the Technical College System of Georgia. Mandatory fees shall include, but are not limited to, the instructional support and technology fee, application fee, registration fee, student activity fee and the student accident insurance fee. Non-Citizen Student: a person who is not a United States born or naturalized citizen of the United States., including Persons with an F1 or F2 student visa, a J1 or J2 exchange visitor visa, or a G series visa and who do not otherwise meet the definition of an Eligible Non-Citizen. Out of State Student: Students who are residents of the United States but do not otherwise qualify as Georgia Residents. A person who has not established Domicile in the State of Georgia for a period of at least 12 months prior to the first day of classes for the term for which the person is intending to enroll. Waiver: a mandatory or non-mandatory fee normally charged to students that the president may elect to not require the student to pay. V. ATTACHMENTS: Not applicable. VI. PROCEDURE: A. General Considerations: 1. Payment of tuition and fees may be deferred until the end of the term on a case-by-case basis if the technical college has confirmation of the student's eligibility for financial aid from a government entity, business/industry, work-study, foundation, or other source of financial assistance. Students who have not made payment for all assessed fees should be encouraged to sign authorizations allowing these fees to be taken out of state and/or federal student aid or obtain a third party agreement. After all payment options have been exhausted, students with unpaid fees by the payment deadline must be purged from enrollment records for the term. The payment deadline shall be no later than the 7 th instructional day of the term 2. The State Board shall annually review and establish tuition charged by all technical colleges. Local boards should approve and recommend annually to the Commissioner all. 3. All State and local board approved tuition and fees shall be charged unless exempted by TCSG policies or procedures. Residency Resource Guide 11/04/11 DW Page 15

16 4. Student fees shall be considered a source of revenue when developing annual budgets. Any revenues exceeding budgeted estimates shall be amended into the annual operating budget during the course of the fiscal year. 5. The technical colleges shall publish all student fee charges and refund policies in appropriate catalogs and elsewhere as appropriate. 6. Tuition will be assessed up to and including 15 credit hours each term. Technical colleges will not charge tuition for hours taken over 15 credit hours. 7. Each college shall be responsible for the verification of the lawful presence in the United States of every successfully admitted student applying for Georgia resident tuition status as required by state and federal immigration laws. This provision does not apply to students dually enrolled in a secondary institution. 8. Each college shall be responsible for compliance with state and federal immigration laws pertaining to the eligibility for public benefits, including but not limited to in-state tuition and state programs identified as public benefits administered by TCSG. B. Georgia Students: 1. Students who are classified as Georgia Students under TCSG s residence policies and procedures will be charged the rate of tuition set for in-state students by TCSG. C. Out of State Students: 1. Students who are classified as Out of State students under TCSG s residence policies and procedures will be charged a rate of tuition twice that charged for students who are classified as Georgia Students. 2. The Commissioner or President may approve exceptions to this policy, provided: a. A written statement of reason is on file or there is evidence of a written reciprocity agreement with appropriate institutions in another state. b. The Commissioner may approve agency wide exceptions to this policy under certain circumstances. (i.e. National Emergencies, etc.) 3. Under no circumstances shall Out of State students be charged tuition or fees lower than the fees charged Georgia Students. 4. All fees, other than tuition, shall be at the same rate for all students. 5. Out of State Students shall be enrolled in the college on a space available basis and shall not displace any Georgia Student desiring to enroll in the college. D. Non-Citizen Students: 1. Non-Citizen Students shall not be classified as Georgia Students for tuition purposes unless lawfully present in this state and there is evidence to warrant consideration of that classification. They are to be charged a rate of tuition four times that charged for students who are classified as Georgia Students. Residency Resource Guide 11/04/11 DW Page 16

17 2. Lawful permanent residents, refugees, asylees, or other Eligible Non-Citizens as defined by federal regulations may be extended the same consideration as citizens of the United States in determining whether they qualify as Georgia Students. 3. Students who reside in the United States under nonimmigrant status conditioned at least in part upon intent not to abandon a foreign domicile are NOT eligible to qualify as Georgia Students for tuition purposes. 4. All fees, other than tuition, shall be at the same rate for all students. 5. Non-Citizen Students shall be enrolled in the college on a space available basis and shall not displace any Georgia Student desiring to enroll in the college. E. Waiver of Student Tuition and Fees: The Commissioner shall develop procedures authorizing the waiver or exemption of student tuition or fees upon good cause. Pursuant to the procedures authorized by the Commissioner, the technical college President may waive tuition for students on a term-by-term basis. The number of waivers shall not exceed two percent of the head count of the student enrollment at the technical college in the immediately preceding Fall term. Notwithstanding any provision in this policy, no person who is unlawfully present in the United States shall be eligible for any waiver of the tuition differential. F. Exemption of Tuition and Fees: Upon request, Georgia Students over sixty-two (62) years of age who are otherwise qualified may attend technical colleges, for credit courses only, without charge or payment of tuition on a space available basis. Adult Education students attending adult basic education programs shall not be charged tuition, or any other fee, nor be required to purchase any books or other materials that are needed for participation in the program. Students who are enrolled solely in courses offered online and or who otherwise do not utilize campus facilities shall not be charged the student activity fee. Tuition and fees for all dually enrolled or jointly enrolled high school students, up to the amount not covered by HOPE, may be exempted. If a college utilizes this option, it must apply to all dually or jointly enrolled high school students attending the college for the time frame the exemption applies. G. Refunds of Tuition and Fees: 1. Students withdrawing from a course by the end of the third instructional day of the term and no shows shall receive a 100% refund of applicable tuition (hours below the 15 hour Residency Resource Guide 11/04/11 DW Page 17

18 tuition cap) and applicable refundable fees, excluding the application fee. Exceptions may be allowed for customized courses that do not follow the college s standard academic calendar. 2. Students who withdraw from a course after the third instructional day of the term shall receive no refund. 3. For those students receiving federal financial aid, the technical colleges shall make available Consumer Information that may be found at under the appropriate aid year s Handbook. Although there will be no refund of tuition and fees after the third instructional day, withdrawing students receiving Federal Pell Grant will have awards adjusted in compliance with the Return to Title IV process (R2T4) outlined in the Federal Student Aid Handbook. H. Refunds of books and supplies: 1. No refunds shall be made for used supplies and equipment such as cosmetology kits, diskettes, tools, and uniforms. 2. Refunds shall be made for books that are returned in new condition and accompanied by a receipt in accordance with the college s book refund policy. The book refund policy shall be prominently posted in the technical college bookstore. 4. Technical colleges that have contracted out their bookstore operations shall ensure that the contractor adheres to the college s book refund. VII. RECORD RETENTION: State record retention guidelines apply to any documents collected pursuant to this policy. Residency Resource Guide 11/04/11 DW Page 18

19 Secure and Verifiable Document List (These items may be used to prove ID) Residency Resource Guide 11/04/11 DW Page 19

20 Secure and Verifiable Documents Under O.C.G.A Issued August 1, 2011 by the Office of the Attorney General, Georgia The Illegal Immigration Reform and Enforcement Act of 2011 ( IIREA ) provides that [n]ot later than August 1, 2011, the Attorney General shall provide and make public on the Department of Law s website a list of acceptable secure and verifiable documents. The list shall be reviewed and updated annually by the Attorney General. O.C.G.A (f). The Attorney General may modify this list on a more frequent basis, if necessary. The following list of secure and verifiable documents, published under the authority of O.C.G.A , contains documents that are verifiable for identification purposes, and documents on this list may not necessarily be indicative of residency or immigration status. A United States passport or passport card [O.C.G.A (b)(3); 8 CFR 274a.2] A United States military identification card [O.C.G.A (b)(3); 8 CFR 274a.2] A driver s license issued by one of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Marianas Islands, the United States Virgin Island, American Samoa, or the Swain Islands, provided that it contains a photograph of the bearer or lists sufficient identifying information regarding the bearer, such as name, date of birth, gender, height, eye color, and address to enable the identification of the bearer [O.C.G.A (b)(3); 8 CFR 274a.2] An identification card issued by one of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Marianas Islands, the United States Virgin Island, American Samoa, or the Swain Islands, provided that it contains a photograph of the bearer or lists sufficient identifying information regarding the bearer, such as name, date of birth, gender, height, eye color, and address to enable the identification of the bearer [O.C.G.A (b)(3); 8 CFR 274a.2] A tribal identification card of a federally recognized Native American tribe, provided that it contains a photograph of the bearer or lists sufficient identifying information regarding the bearer, such as name, date of birth, gender, height, eye color, and address to enable the identification of the bearer. A listing of federally recognized Native American tribes may be found at: [O.C.G.A (b)(3); 8 CFR 274a.2] A United States Permanent Resident Card or Alien Registration Receipt Card [O.C.G.A (b)(3); 8 CFR 274a.2] An Employment Authorization Document that contains a photograph of the bearer [O.C.G.A (b)(3); 8 CFR 274a.2] A passport issued by a foreign government [O.C.G.A (b)(3); 8 CFR 274a.2] A Merchant Mariner Document or Merchant Mariner Credential issued by the United States Coast Guard [O.C.G.A (b)(3); 8 CFR 274a.2] A Free and Secure Trade (FAST) card [O.C.G.A (b)(3); 22 CFR 41.2] A NEXUS card [O.C.G.A (b)(3); 22 CFR 41.2] Residency Resource Guide 11/04/11 DW Page 20

21 A Secure Electronic Network for Travelers Rapid Inspection (SENTRI) card [O.C.G.A (b)(3); 22 CFR 41.2] A driver s license issued by a Canadian government authority [O.C.G.A (b)(3); 8 CFR 274a.2] A Certificate of Citizenship issued by the United States Department of Citizenship and Immigration Services (USCIS) (Form N-560 or Form N-561) [O.C.G.A (b)(3); 6 CFR 37.11] A Certificate of Naturalization issued by the United States Department of Citizenship and Immigration Services (USCIS) (Form N-550 or Form N-570) [O.C.G.A (b)(3); 6 CFR 37.11] In addition to the documents listed herein, if, in administering a public benefit or program, an agency is required by federal law to accept a document or other form of identification for proof of or documentation of identity, that document or other form of identification will be deemed a secure and verifiable document solely for that particular program or administration of that particular public benefit. [O.C.G.A (c)] Residency Resource Guide 11/04/11 DW Page 21

22 Important Information for All Applicants on Verification of Lawful Presence & Georgia Residency (This document will be added to application & website) Residency Resource Guide 11/04/11 DW Page 22

23 IMPORTANT INFORMATION FOR ALL APPLICANTS: VERIFICATION OF LAWFUL PRESENCE & GEORGIA RESIDENCY As you complete your admission or re-admission file at Augusta Technical College, we need to share some important information with you. In accordance with Georgia HB 87 and Technical College System of Georgia policy, all applicants for admission or readmission for Spring Semester 2012 and beyond who seek to be classified as in-state for tuition purposes, are required to provide proof of lawful presence in the United States and proof of residency in the State of Georgia. Does this Requirement Apply to Me? Yes. This requirement applies to any student who wishes to enroll and to be considered for in-state tuition. To be considered for in-state tuition, a student must be a legal resident of Georgia for 12 consecutive months prior to the first day of the term and must present provide proof of lawful presence in the United States and proof of Georgia residency. How Do I Prove Legal Presence in the U.S.? The following is a partial list of documents that serve as proof of lawful presence in the United States. Further documentation may be required before you are eligible for consideration for in-state tuition: A current Driver's License issued by the State of Georgia after January 1, A current ID issued by the State of Georgia after January 1, An approved completed FAFSA for the current financial aid year. A current Driver's License or ID issued by a state that verifies immigration status and only issues to persons lawfully present in the United States. (See list of compliant states: gration_status_7_26_11.pdf) A certified U.S. Birth Certificate showing the student was born in the U.S. or a U.S. territory. A photocopy is not acceptable. A current, valid Permanent Resident Card (USCIS form or 1-551). A U.S. Certificate of Birth Abroad issued by the Department of State (DS-1350) or a Consular Report of Birth Abroad (FS-240). A current U.S. Passport. A U.S. Certificate of Citizenship (USCIS form N-560 or N-561). A U.S. Certificate of Naturalization (USCIS form N-550 or N-570). Any student who cannot be verified as lawfully present in the United States is not eligible to be considered for in-state tuition, regardless of how long he or she has lived in Georgia. In addition to being lawfully present in the United States, students must meet the in-state tuition requirements as outlined in TCSG Board Policy and Procedure V.B.3 to be classified as in-state. Students that are initially classified as out-of-state, and successfully petition to have their residency changed to in-state also have to meet the verification requirement. How Do I Prove Georgia Residency? Some documents above (such as a Georgia Driver s license or state ID card issued at least 12 months prior to enrollment) prove legal presence in the U.S. and Georgia residency. In other cases, additional documentation may be required to prove Georgia residency, such as: Residency Resource Guide 11/04/11 DW Page 23

24 Copy of lease agreement or utility bill (gas, electric, water) showing you have resided at a Georgia address for 12 months (Note: Cell phone bills are not acceptable documentation); Georgia income tax return from previous year (from student if independent, from parent(s) if dependent); or Georgia voter registration card showing registration 12 months prior to enrollment. Georgia automobile registration (12 month requirement) Notarized letter on company letterhead indicating lease status (12 month requirement) Proof of ownership of primary residence in Georgia (12 month requirement) What Do I Need to Do? If you have one of the items listed above (except your birth certificate), please provide it to the College at least 30 days in advance of your registration date. You may: Mail a copy with your application (See mailing address on page 2 of application), Present it in person to the Admissions Office (1300 Building or at your Augusta Tech location), Fax a copy to the Admissions Office to , or Scan it, and if readable, send it as an attachment to Please note: We cannot accept copies of the U.S. birth certificate; instead, original certified U.S. birth certificates must be mailed or presented directly to the Admissions Office. What If I Do Not Have Documents Listed Above? Applicants who do not present proof of lawful presence in the United States will be charged at the foreign student tuition rate, which is four times the in-state tuition rate. Applicants who are not United States citizens and not permanent residents and seek to petition for in-state tuition must provide one or more of the following to the Director of Admissions for consideration: Residency petition form (available in Admissions Office); A current copy of your visa and I-94; If you have a current Employment Authorization Card please include a copy of it with your documents. What If I Live in a Border County Eligible for Reciprocity of Georgia Tuition? Legal residents in a bordering South Carolina county eligible for in-state tuition, including legal residents of Aiken, Allendale, Barnwell, Edgefield, and McCormick Counties, must provide proof of residency in those counties, such as a state-issued ID or driver s license. What If I m Active Military (Service member, Spouse, or Dependent)? If you are an active military service member/spouse/dependent, seeking in-state tuition, you may present your military ID and a copy of military orders showing that you are stationed in Georgia, or provide documentation that your home of record is Georgia. Spouses/dependents may present their spouse/dependent ID and copy of spouse/parent orders. What If I Move? All applicants and students are responsible for submitting updated address information to the Office of Student Records by completing and turning in a change of address form, available at Residency Resource Guide 11/04/11 DW Page 24

25 Procedures for Admissions Staff Residency Resource Guide 11/04/11 DW Page 25

26 SAAADMS Checklist Procedure This procedure applies to all applicants for admission/readmission January 2012 and beyond. The SAAADMS checklist now defaults a code for GA Residency (RES). RES should be unchecked when entering an application, because we cannot halt the admission process if this item is missing. Leaving the item checked will flag the file as incomplete. Applicants for admission or readmission (January 2012 and beyond) will be asked to submit proof of lawful presence and proof of GA residency (or eligibility for reciprocity) along with their application. Some items can prove both lawful presence and GA residency. The most common items we will copy and enter as received for RES include: o GA Driver s License issued January 1, 2008, or later o GA State ID card issued January 1, 2008, or later o Military/Spouse/Dependent ID (VIEW ONLY - DO NOT COPY) o Military orders showing stationed in GA (OKAY TO COPY) o FAFSA (completed/approved) Admissions staff will enter a received date for RES in SAAADMS and enter a note in SPACMNT indicating item received. Copies of items above (other than FAFSA) will be scanned into Nolijweb. (FAFSA is maintained on Financial Aid side.) Additionally, the Admissions Office Manager will run a population selection of students accepted during a particular date range. Results of this population selection will be sent to Financial Aid Office to run against a report that shows students who have proven GA residency. The list of students who have proven GA residency will be sent back to Admissions Office Manager and will be divided among Admissions staff. Admissions staff will enter a received date for RES in SAAADMS and enter a note in SPACMNT indicating GA residency verified by Financial Aid. Residency Resource Guide 11/04/11 DW Page 26

27 Forms: Application for Admission Petition for Change of Residency Classification Residency Resource Guide 11/04/11 DW Page 27

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