Residency

Deadline & Determination Dates

Residency Determination Date is defined as the day immediately prior to the first day of instruction for the semester. All proofs submitted as part of documentation must be dated prior to the determination date for the term you are applying for residency reclassification.
Deadlines to submit the Residency Consideration Form and all proper documentation vary by semester. Late forms and/or documentation cannot be accepted for the current term, but can be used for a future term that meets the residency requirements.

Filing deadline dates and residency determination dates:

	Filing Deadline	Residency Determination Date
Spring 2024	01/26/2024	01/15/2023
Summer 2024	05/16/2024	05/05/2023
Fall 2024	09/06/2024	08/25/2023

CA Residency Requirement

A California resident is defined as one who has established both physical presence and intent to make California their permanent home for more than one year and one day before the semester starts.

Students must meet the following requirements:

Eligible to be a California resident (legal status)
One year's continuous physical presence in the state of California
Intent to remain in California

Non-residents still may attend the 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 page.

You can contact our office at (209)575-6853 or by email at mjceseforms@mjc.edu with any questions.

MJC Residency Reclassification

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 in the Enrollment Services Offices and must be submitted with the appropriate documentation. Reclassification requests must be submitted prior to the start of the semester in which you requesting reclassification. Please see the Residency Consideration Form for more information.

Documents submitted for consideration must be dated at least one year and one day prior to the Residency Determination date. Documentation older than 2 years may not be considered. Non-Citizens must provide proof of their eligibility to establish residency.
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 form.
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.
Students who fail to clear residency issues prior to the start of the semester will be responsible for the nonresident tuition fees.

All proofs must include the following information:

1) Students name 2) California Address 3) 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.

Physical Presence: A person capable of 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.
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.

Due to the complexity of determining residency, we reserve the right to ask for any additional documentation as may be needed on a case by case basis (To be determined by an Admissions & Records Specialist).

Documentation that may be used to satisfy residency:	Physical Presence	Intent	Financial Independence
Documents listed in order of precedence. Not an exhaustive list. If you have other documentation that you feel will support your reclassification submit them with the Residency Consideration form.
File California Income Tax (form 540, page 1-2 as submitted to the Franchise Tax Board) with California address. If filed for an extension, a copy of the IRS tax extension receipt is needed along with a copy of your W-2 for that year. Form 540NR not acceptable.	X	X	X
California Driver’s License or California ID card or DMV print out	X	X
California Vehicle Registration – California Registration Certificate	X	X
California Voter’s Registration Card or print out from County Registrar’s Office (within or before date range)		X
Official License from California Department of Consumer Affairs or Business or Individual practice	X	X
California Bank Account Statements showing a California mailing address	X		X
Marriage License or Divorce Decree issued in California with a California mailing address	X	X
Paycheck stub or letter of employment verification on company letterhead with dates of employment noted (wet signature needed; signed by the Human Resources manager)	X		X
Receipt of Benefits from a California State Agency	X	X	X
Documentation of Purchase and occupancy of residential real estate in California – loan papers, tax receipts, escrow paper	X	X	X
Selective Service Registration showing California Permanent Address	X	X
California Utility Bills (e.g. Electricity, phone, cable, water, etc.) covering a one-year period	X		X
California Health Insurance or Medi-Cal ID with Effective date	X
DD-214 (Certificate of Release or Discharge from Active Military Duty) or copy of LES (Leave and Earning Statement) indicating California as State of Record	X		X
W-2 Form with a California home address—Only if taxes not filed	X		X
California property taxes	X	X	X
Union membership in a California Local	X

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.

Financial Dependence: If the student is under 24 years of age and financially supported by a parent or Legal Court Appointed Guardian, the student will provide the parents’ CA tax return with the student listed as a dependent.

Military and Dependents: Students who are active duty members of the Armed Forces of the United States are classified as residents while stationed in California. Military dependents are entitled to resident classification until they have resided in California the minimum time to become a resident (one year & one day). After the minimum time period, the student must show his/her intent to become a resident is clearly established.

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.

Residency and Non-Citizens

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:

Resident Alien Card
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.

Aliens may establish residence if not precluded by the immigration and Nationality Act from establishing in the United States; provided that the student has had residence in California for more than one year and one day prior to the residence determination date.

Military Residency

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

Active Duty Members (including spouse & Dependent children Stationed in CA)

Students who are members of the armed forces of the United States domiciled or stationed in California on active duty are entitled to resident classification for purposes of determining the amount of tuition and fees for the duration of their attendance at a community college as long as they remain on active duty as of the residence determination date. (Service in the California National Guard does not constitute being a member of the armed forces of the United States for Education Code sections 68074 and 68075.)

Dependents of Active Duty Military Members EX 68074: T5 54041

A student who is a natural or adopted child, stepchild, or spouse and who is a dependent of a member of the armed forces of the United States domiciled or stationed in California on active duty is entitled to resident classification for the purposes of determining the amount of tuition and fees. There is no limitation on the length of the resident classification. If that member of the armed forces, whose dependent is in attendance at a community college, is thereafter transferred on military orders to a place outside this state where the member continues on active duty or is thereafter retired as an active member of the armed forces of the United States, the student dependent shall not lose his or her resident classification so long as he or she remains continuously enrolled at that community college.

Students who believe they fit the above criteria may complete a Residency Consideration Form and submit copies of supporting documentation to the Enrollment Services Office.

Requested supporting documentation consists of the following:

Copy of Active Duty Stationing Orders
Copy of Military ID and state ID or Driver's License

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 defines as:

A veteran eligible for educational assistance under either the Montgomery GI Bill®-Active Duty (MGIB-AD) or Post-9/112 GI 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.
An individual eligible for transferred education benefits under either the Montgomery GI Bill® Active Duty (MGIB-AD) or Post-9/11 GI 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.
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) (ll). The 3-year enrollment period limitation does not apply to eligible dependents of active duty service members.
An individual eligible for benefits under the Marine Gunnery Sergeant John David Fry Scholarship (provides Post-9/11 GI 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).
Individuals eligible for rehabilitation under 38 U.S. Code § 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 Nonresident Tuition Exemption for Eligible Veterans & Dependents you must:

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

AB540 (Non-Resident Tuition)

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 nonresident 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 nonresidents.

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.

1. 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.

A. 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)

B. 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.

2. 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

3. Signed Nonresident Exemption Request

You also must have signed the California Nonresident 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.

AB343 (SIV Holders)

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 State. Please complete the AB343 form 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

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