Has anyone had problems becoming resident of X state?

(Please Ask Questions and Answer Questions)
Pokarface
Posts: 33
Joined: Sun Jun 10, 2012 3:39 pm

Has anyone had problems becoming resident of X state?

Postby Pokarface » Wed Jun 20, 2012 8:59 pm

I used to think that being considered a state resident required living in X state for at least a year, but I believe some states add additional requirements to grant you state resident status.
This is a question just for tuition purposes.

User avatar
rinkrat19
Posts: 13918
Joined: Sat Sep 25, 2010 5:35 am

Re: Has anyone had problems becoming resident of X state?

Postby rinkrat19 » Wed Jun 20, 2012 9:01 pm

How is this in any way useful without specifying a state?

Pokarface
Posts: 33
Joined: Sun Jun 10, 2012 3:39 pm

Re: Has anyone had problems becoming resident of X state?

Postby Pokarface » Wed Jun 20, 2012 9:21 pm

rinkrat19 wrote:How is this in any way useful without specifying a state?


If you moved out of state to study law, did you had problems to be considered a resident yes or no?
If yes, write the state and the barriers imposed, if no is your answer, disregard.
I cannot specify a state since I haven't decided where to move, nor done my LSAT.

I'm doing my research on Universities, if there is something I need to know about certain states, that would be really helpful for me and other prospective law students in the future.

juicyj
Posts: 28
Joined: Wed Nov 16, 2011 7:25 pm

Re: Has anyone had problems becoming resident of X state?

Postby juicyj » Thu Jun 21, 2012 9:40 am

Kansas rarely gives out residency to students. I'm not sure of their reqs.
Missouri is fairly easy. 1 year of living in the state and earnings of at least 2k

User avatar
Dr. Review
Posts: 1797
Joined: Sat Jan 30, 2010 1:51 am

Re: Has anyone had problems becoming resident of X state?

Postby Dr. Review » Thu Jun 21, 2012 9:42 am

At Pitt (PA) I got in-state after 1L, but I know some folks who bought their house or had family ties to PA who got it before 1L. I moved from NC, which is a much much tougher sell for in-state. Basically, if you are in school, forget about getting NC in-state

el William
Posts: 90
Joined: Thu Jan 26, 2012 9:36 pm

Re: Has anyone had problems becoming resident of X state?

Postby el William » Thu Jun 21, 2012 9:44 am

Pokarface wrote:
rinkrat19 wrote:How is this in any way useful without specifying a state?


If you moved out of state to study law, did you had problems to be considered a resident yes or no?
If yes, write the state and the barriers imposed, if no is your answer, disregard.
I cannot specify a state since I haven't decided where to move, nor done my LSAT.

I'm doing my research on Universities, if there is something I need to know about certain states, that would be really helpful for me and other prospective law students in the future.


Gaining residency is difficult in North Carolina. It is not enough to simply live here for a year, although the official statute listed on the UNC page reads:

North Carolina law (G.S. 116-143.1) provides, "To qualify as a resident for tuition purposes, a person must have established legal residence (domicile) in North Carolina and maintained that legal residence for 12 months immediately prior to his or her classification as a resident for tuition purposes."

They look to other factors that exhibit your desire to be a permanent resident. When filling out my residency form (I have been in NC for 18+ years so I definitely got residency) I had to provide lots of documentation including past state income tax returns, exact dates for getting my drivers license issued and renewed, and I even had to call the Board of Elections in my county to verify voter registration dates and dates that I had voted in the past. It was a long form, but the gist is that they use various factors to determine your intent to make NC a permanent residence. Here is more info from the UNC site to give examples of what type of factors are considered when making this decision.

Determination of Intent

Because it is difficult to determine a person\u2019s intent to make North Carolina his or her home, Classifiers must evaluate actions taken by the person that may indicate a \u201cdomiciliary intent.\u201d The Manual lists the following considerations which may be significant in determining this intent:

* Do you live in your parent\u2019s home?
* Where were or are you permanently employed?
* Where are you registered to vote?
* Where have you served jury duty?
* What are your sources of financial support?
* Where have you registered your vehicle?
* Which state issued your current driver\u2019s license or state I.D. card?
* Where do you own a home or other real estate that serves as your primary residence?
* Where do you keep your personal property?
* Where do you pay taxes on your property?
* Where do you spend your vacation time (or time off from school)?
* Where did you file state income tax returns?
* Where did you last attend high school?
* Where did you live before enrolling in the University?
* Where do you maintain memberships in professional associations, unions, or similar organizations?


This is an application process, so there are not really hard and fast rules or any kind of checklist of things you must do, rather you must convince those reviewing your application that you truly intend to make NC a permanent home. It is not unheard of for people to move to NC several years before they intend to begin law school in order to convincingly achieve residency. Here is how the UNC website explains the decision making process:

Residency Classifiers weight all the evidence provided with an application for in-state residence status. The preponderance (or greater weight) of the evidence must support the establishment of a North Carolina domicile for at least twelve (12) months before the beginning of the academic term (first day of classes) for which residence status is requested. If the evidence shows a cluster of significant events occurring around the same time (within the same week, for example), the Classifier will start counting from that point to determine if the twelve (12) month requirement has been met.

If, instead, the evidence has gradually accumulated over time, the Classifier must decide at what point a preponderance of the evidence shows an intent to establish a North Carolina domicile, and that is the date on which the twelve-month period will begin. If this date is less than twelve (12) months before the first day of classes for the term specified on the application, the Classifier will be unable to classify you as a resident for tuition purposes for the term in question.

User avatar
Nova
Posts: 9116
Joined: Sun Apr 15, 2012 8:55 pm

Re: Has anyone had problems becoming resident of X state?

Postby Nova » Thu Jun 21, 2012 9:44 am

Dont expect in state tuition for 1,2, or 3L in Minnesota unless you have lived in the state a year prior to applying for school.

Pokarface
Posts: 33
Joined: Sun Jun 10, 2012 3:39 pm

Re: Has anyone had problems becoming resident of X state?

Postby Pokarface » Thu Jun 21, 2012 6:52 pm

I read on the UoA profile that one must prove that he or she will live in Arizona after graduating. My guess is that the state will ask you to purchase a house s:

User avatar
No13baby
Posts: 440
Joined: Fri Aug 19, 2011 12:42 am

Re: Has anyone had problems becoming resident of X state?

Postby No13baby » Thu Jun 21, 2012 7:00 pm

Nova wrote:Dont expect in state tuition for 1,2, or 3L in Minnesota unless you have lived in the state a year prior to applying for school.

University of Washington is the same way now.

Pokarface
Posts: 33
Joined: Sun Jun 10, 2012 3:39 pm

Re: Has anyone had problems becoming resident of X state?

Postby Pokarface » Fri Jun 22, 2012 12:29 am

No13baby wrote:
Nova wrote:Dont expect in state tuition for 1,2, or 3L in Minnesota unless you have lived in the state a year prior to applying for school.

University of Washington is the same way now.


Washington was one of my considerations s-=

I also thought of Virginia. I was checking their residency FAQ's and found this:

"Q: What is domicile?
A: "Domicile" is the present, fixed home of an individual to which one returns following temporary absences and at which one intends to remain indefinitely. The domicile of a dependent or a minor is presumed to be that of the parent(s)."

"Q: How long must I be domiciled in Virginia before I can be considered "in-state"?
A: A student, parent(s) or spouse must be domiciled in Virginia for at least 12 continuous months immediately preceding the first day of classes. This means the student parent(s) or spouse must actually reside in Virginia during this period while simultaneously demonstrating their intent to be domiciled in Virginia. Intent is demonstrated by, among other things, paying resident taxes to Virginia, obtaining a Virginia driver's license, car & voter registrations."

"Q: Can I establish "in-state" status while I am a student?
A: If you are a dependent and your parent(s) or spouse moves to Virginia while you are in school and fulfills the requirements of domicile, you should petition for a change of status effective 12 months after the move. If you entered classified as an out-of-state student, you must present clear and convincing evidence to rebut the presumption that you are residing in the State primarily to attend school. Residence or physical presence in Virginia primarily to attend the University does not entitle you to in-state tuition rates."

http://www.law.virginia.edu/html/prospectives/va.htm

Well, I guess that the 'proper' way to become a resident for tuition purposes will be to live for 1 year prior to even setting foot in the University, but then if you reveal your true intentions, you won't receive in-state tuition rates? Lol
Last edited by Pokarface on Fri Jun 22, 2012 12:32 am, edited 1 time in total.

User avatar
AreJay711
Posts: 3406
Joined: Tue Jul 20, 2010 8:51 pm

Re: Has anyone had problems becoming resident of X state?

Postby AreJay711 » Fri Jun 22, 2012 12:32 am

Pokarface wrote:
No13baby wrote:
Nova wrote:Dont expect in state tuition for 1,2, or 3L in Minnesota unless you have lived in the state a year prior to applying for school.

University of Washington is the same way now.


Washington was one of my considerations s-=

I also thought of Virginia. I was checking their residency FAQ's and found this:

"Q: How long must I be domiciled in Virginia before I can be considered "in-state"?
A: A student, parent(s) or spouse must be domiciled in Virginia for at least 12 continuous months immediately preceding the first day of classes. This means the student parent(s) or spouse must actually reside in Virginia during this period while simultaneously demonstrating their intent to be domiciled in Virginia. Intent is demonstrated by, among other things, paying resident taxes to Virginia, obtaining a Virginia driver's license, car & voter registrations."

"Q: What is domicile?
A: "Domicile" is the present, fixed home of an individual to which one returns following temporary absences and at which one intends to remain indefinitely. The domicile of a dependent or a minor is presumed to be that of the parent(s)."

"Q: Can I establish "in-state" status while I am a student?
A: If you are a dependent and your parent(s) or spouse moves to Virginia while you are in school and fulfills the requirements of domicile, you should petition for a change of status effective 12 months after the move. If you entered classified as an out-of-state student, you must present clear and convincing evidence to rebut the presumption that you are residing in the State primarily to attend school. Residence or physical presence in Virginia primarily to attend the University does not entitle you to in-state tuition rates."

http://www.law.virginia.edu/html/prospectives/va.htm

Well, I guess this is enough to


I know someone in VA who got denied in state tuition despite living there for 2 years and having moved for reasons other than school because she still had a license in another state. I think she paid VA taxes but I'm not sure.

Pokarface
Posts: 33
Joined: Sun Jun 10, 2012 3:39 pm

Re: Has anyone had problems becoming resident of X state?

Postby Pokarface » Fri Jun 22, 2012 12:37 am

Pokarface wrote:Well, I guess that the 'proper' way to become a resident for tuition purposes will be to live for 1 year prior to even setting foot in the University, but then if you reveal your true intentions, you won't receive in-state tuition rates? Lol


AreJay711 wrote:I know someone in VA who got denied in state tuition despite living there for 2 years and having moved for reasons other than school because she still had a license in another state. I think she paid VA taxes but I'm not sure.


I was joking at first, but it seems like yeah. One is pretty much screwed at VA.

EDIT:

"Once you have established domicile in Virginia, you may be absent from the State provided you 1) continue to file resident Virginia income tax returns (Form 760) each year you are out of the State, declaring ALL earned income regardless of source; and, 2) do nothing incompatible with your claim of domicile, such as registering to vote in another state."

Wait, but you're telling me that she IS a resident yet she was denied in-state tuition?

User avatar
Clarity
Posts: 110
Joined: Sun Sep 05, 2010 6:05 pm

Re: Has anyone had problems becoming resident of X state?

Postby Clarity » Thu Jun 28, 2012 3:09 pm

Nova wrote:Dont expect in state tuition for 1,2, or 3L in Minnesota unless you have lived in the state a year prior to applying for school.


I believe Wisconsin and Minnesota still have an agreement where Wisconsin get in-state tuition in Minnesota schools and the same applies to the reverse. Not completely related to this post but might help someone out considering getting Minnesota residency that is a Wisconsin resident.

User avatar
Nova
Posts: 9116
Joined: Sun Apr 15, 2012 8:55 pm

Re: Has anyone had problems becoming resident of X state?

Postby Nova » Thu Jun 28, 2012 3:11 pm

Clarity wrote:
Nova wrote:Dont expect in state tuition for 1,2, or 3L in Minnesota unless you have lived in the state a year prior to applying for school.


I believe Wisconsin and Minnesota still have an agreement where Wisconsin get in-state tuition in Minnesota schools and the same applies to the reverse. Not completely related to this post but might help someone out considering getting Minnesota residency that is a Wisconsin resident.


Good point. South Dakota also qualifies for instate.

User avatar
jump_man
Posts: 188
Joined: Sun Apr 04, 2010 12:05 am

Re: Has anyone had problems becoming resident of X state?

Postby jump_man » Thu Jun 28, 2012 3:15 pm

Check out the TLS article on this subject here:
http://www.top-law-schools.com/law-scho ... dency.html

Lord Randolph McDuff
Posts: 1587
Joined: Wed Jun 08, 2011 4:37 pm

Re: Has anyone had problems becoming resident of X state?

Postby Lord Randolph McDuff » Thu Jun 28, 2012 3:19 pm

Colorado is twelve months of rent/proof that you own a home and have lived there. They warn you not to leave for the summers but last year everyone got in-state, even the students who worked in D.C. over the summer.

User avatar
Bert
Posts: 458
Joined: Mon Mar 22, 2010 12:37 pm

Re: Has anyone had problems becoming resident of X state?

Postby Bert » Thu Jun 28, 2012 4:00 pm

California can be somewhat difficult.

To be a considered a resident of California (so as to receive resident tuition), you must: (i) be physically present in the state for a year and one day, (ii) intend to remain in California indefinitely, (iii) be financially independant of residents of states other than California, and (iv) be a citizen, permanent resident or qualifying nonimmigrant.

As for (i), we have been advised that we must remain in the state for a full calendar year and one day (366 consecutive days) -- accepting a summer job, internships, etc., in another state effectively destroys (i). You can travel home for a vacation or break, but you cannot work outside of the state during the year. The 366 days starts to run the moment you set foot in California, so keep documentation which evidences when you entered the state.

As for (ii), this can be a pain to establish. In order to met (ii), you must have "relinquished all ties to your former state" during the 366 days. If you retain any ties to your former state, this element will not be met. "Ties" includes (a) possessing a driver's license from another state, (b) driving a car registered in another state, (c) being eligible/registered to vote in another state, (d) paying taxes in another state during any part of the term which is the 366 days in California (see (i) above), (d) having a spouse in another state, (e) having a bank account in another state, etc. The expectation is that once you set foot in California, you begin to sever all ties with your former state(s) and complete the process within the year.

As for (iii), you cannot draw any financial support from people outside the state of California. I believe listing your parents in your FAFSA qualifies as "drawing support" from them.

As for (iv), this is self-explantory.

Pokarface
Posts: 33
Joined: Sun Jun 10, 2012 3:39 pm

Re: Has anyone had problems becoming resident of X state?

Postby Pokarface » Thu Aug 09, 2012 9:54 pm

jump_man wrote:Check out the TLS article on this subject here:
http://www.top-law-schools.com/law-scho ... dency.html


Woah thanks! There is absolutely everything I've ever wondered about law school in this website!

User avatar
presh
Posts: 8010
Joined: Sat Oct 25, 2008 1:00 am

Re: Has anyone had problems becoming resident of X state?

Postby presh » Thu Aug 09, 2012 9:59 pm

.
Last edited by presh on Mon Dec 28, 2015 12:08 am, edited 1 time in total.

User avatar
polareagle
Posts: 173
Joined: Mon Jun 21, 2010 2:04 pm

Re: Has anyone had problems becoming resident of X state?

Postby polareagle » Fri Aug 10, 2012 12:51 am

presh wrote:
Pokarface wrote:
Pokarface wrote:Well, I guess that the 'proper' way to become a resident for tuition purposes will be to live for 1 year prior to even setting foot in the University, but then if you reveal your true intentions, you won't receive in-state tuition rates? Lol


AreJay711 wrote:I know someone in VA who got denied in state tuition despite living there for 2 years and having moved for reasons other than school because she still had a license in another state. I think she paid VA taxes but I'm not sure.


I was joking at first, but it seems like yeah. One is pretty much screwed at VA.

EDIT:

"Once you have established domicile in Virginia, you may be absent from the State provided you 1) continue to file resident Virginia income tax returns (Form 760) each year you are out of the State, declaring ALL earned income regardless of source; and, 2) do nothing incompatible with your claim of domicile, such as registering to vote in another state."

Wait, but you're telling me that she IS a resident yet she was denied in-state tuition?


She would be, yes. VA basically doesn't give in state tuition to anyone who wasn't born there. There are documented cases of people who moved to VA at least a year before starting school, got a VA license, paid taxes, purchased a condo/house, planned to stay in VA after graduating, etc. who were still denied in state tuition. In VA, you are just SOL.


...
Last edited by polareagle on Thu Jan 30, 2014 10:28 pm, edited 1 time in total.

User avatar
presh
Posts: 8010
Joined: Sat Oct 25, 2008 1:00 am

Re: Has anyone had problems becoming resident of X state?

Postby presh » Fri Aug 10, 2012 8:54 am

.
Last edited by presh on Mon Dec 28, 2015 12:08 am, edited 1 time in total.

User avatar
dingbat
Posts: 4976
Joined: Wed Jan 11, 2012 9:12 pm

Re: Has anyone had problems becoming resident of X state?

Postby dingbat » Fri Aug 10, 2012 4:10 pm

You can get in-state immediately at RowanRutgers

User avatar
laxbrah420
Posts: 2748
Joined: Fri Aug 12, 2011 1:53 am

Re: Has anyone had problems becoming resident of X state?

Postby laxbrah420 » Fri Aug 10, 2012 4:13 pm

Pokarface wrote:
jump_man wrote:Check out the TLS article on this subject here:
http://www.top-law-schools.com/law-scho ... dency.html


Woah thanks! There is absolutely everything I've ever wondered about law school in this website!

I think this article could probably use a refresh. For instance, UGA's fucking acceptance letter discusses how easy it is to get residency from out of state.




Return to “Law School FAQ”

Who is online

Users browsing this forum: bns212, JoshLyman13, vm223 and 5 guests