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Who Qualifies for Residency

Residency Eligibility:

Gaining residency status is not an institutional policy. It is determined based on what is required by State law. A qualified person seeking residency status is someone who 1) meets the “Qualified Petitioner” criteria as outlined below AND 2) has established a minimum of 12 months of domicile and intent prior to the start of classes. Domicile is a person’s primary and permanent home. A person can have only one domicile at any time. Like domicile, intent is established upon arrival to the state. Petitioners should sever ties from their former state and establish these ties in Colorado like any permanent resident of the State. Intent includes: gaining employment, filing state taxes, registering to vote, registering for a state license/identification card, and registering your vehicle with the state.

No person may establish domicile and intent in Colorado solely for tuition purposes. The burden of proof is on the petitioner to show clear and convincing evidence they have made Colorado their permanent home.

Who Qualifies to Petition:

Petitioning for residency applies only to current students or parents of current students. If you are a newly admitted student classified as non-resident and believe you qualify for resident status you must complete the Tuition Classification form with the Admissions Office. More information on the Tuition Classification form can be found below.

The institution must follow state rules and regulations. Therefore, residency petition requirements may be subject to change without notice. Petitions can be found by clicking the appropriate petitioner category below.

 

Parent

To be eligible to petition for residency as a parent you must have:

  • An undergraduate student under 23 years of age prior to the term you petition for;
  • The parent/legal guardian, must be living in Colorado for a minimum of 12 consecutive months prior to the start of classes;
  • The parent/legal guardian, must show intent and legal ties to the state of Colorado for a minimum of 12 months prior to the start of classes.

 

Ineligible petitions would be:

  • Parents who file federal taxes jointly in another state for the year you are claiming 12 months of domicile and intent in Colorado.
  • If your license is registered in another state.
  • If other evidence shows you have not fully severed ties from your former state. Although no single factor along is conclusive, there must be clear and convincing evidence a petitioner has severed all ties from their former state and established these ties in Colorado. These actions should be done as soon as a petitioner arrives to the state to meet the minimum 12 month requirement.

 

DACA students or non-citizen students on an eligible visa whose parent/legal guardian meet the requirements to complete a parent petition will be required to provide their approved DACA status or their approved visa status. This status would need to be issued at least 12 months prior to the start of classes.

If you believe you meet the requirements outlined above you can complete the PARENT PETITION.

Undergraduate students who do not qualify to submit a parent petition should read the requirements carefully before attempting to complete the student emancipation petition. Proving emancipation is rare for most undergraduate students.

 

Emancipated Minor

Proving emancipation is rare for most undergraduate students. It is important you review the information below before petitioning.

To be eligible to petition for residency as an emancipated minor you must:

  • Be an undergraduate student under the age of 22 prior to the start of classes;
  • Be financially and residentially independent;
  • Establish 12 months of domicile and intent after emancipation is legally declared and prior to the term you are petitioning for;
  • AND show either a court decree of legal emancipation or marriage certificate.

 

Ineligible petitions would be:

  • Failure of parental support due to economic hardships of the parent does not qualify a student as being emancipated. 
  • If evidence shows ties to family/friends and there is support of any kind. Financial support or gifts of any kind (including PLUS loans, private loans, or monetary gifts), regardless of date, and regardless if it was from a parent, other relative, or even a friend does not qualify a student as being emancipated, pursuant to section 103(2)(i)(ll) of the Colorado tuition classification law.
  • If you filed federal taxes in another state for the year you are claiming 12 months of domicile and intent in Colorado.
  • If your license is registered in another state.
  • If other evidence shows you have not fully severed ties from your former state. Although no single factor along is conclusive, there must be clear and convincing evidence a petitioner has severed all ties from their former state and established these ties in Colorado. These actions should be done as soon as a petitioner arrives to the state to meet the minimum 12 month requirement.

 

DACA students or non-citizen students on an eligible visa who meet the requirements to complete an emancipation petition will be required to provide their approved DACA status or their approved visa status. This status would need to be issued at least 12 months prior to the start of classes.

If you believe you meet the requirements outlined above you can complete the STUDENT EMANCIPATION PETITION.

 

Undergraduate Adult

To be eligible to petition for residency as an adult you must be:

  • Living in Colorado for a minimum of 12 months prior to the first day of classes;
  • AND showing intent (legal ties) to the state of Colorado for a minimum of 12 months prior to the first day of classes.

You must also be one of the following:

  • Undergraduate student at least 23 years of age prior to the first day of classes (adult petitioners can being 12 months of domicile and intent as soon as their 22nd birthday).

 

Ineligible petitions would be:

  • If your license is registered in another state.
  • If you filed federal taxes in another state the same year you are claiming 12 months of domicile and intent in Colorado..
  • If other evidence shows you have not fully severed ties from your former state. Although no single factor along is conclusive, there must be clear and convincing evidence a petitioner has severed all ties from their former state and established these ties in Colorado. These actions should be done as soon as a petitioner arrives to the state to meet the minimum 12 month requirement.

 

DACA students or non-citizen students on an eligible visa who meet the requirements to complete an adult petition will be required to provide their approved DACA status or their approved visa status. This status would need to be issued at least 12 months prior to the start of classes.

If you believe you meet the requirements outlined above you can complete the ADULT STUDENT PETITION.

 

 

New student’s & the Tuition Classification form:

If you are a newly admitted graduate or undergraduate student, or parent of a newly admitted undergraduate student, and are classified as non-resident you must complete the Tuition Classification form with the Office of Admissions. The Tuition Classification process is outlined below.

 

Tuition Classification Process
  • The Admissions Office makes the initial determination of a student’s status based on what information is provided on their admissions application. Similar to a current student petitioning, a newly admitted student or their parent must meet State law requirements. An eligible student who is newly admitted must 1) meet the same criteria as an “Eligible Petitioner” AND 2) established a minimum of 12 months of domicile and intent prior to the start of classes.
  • If the initial determination is non-resident and the student/parent meets the requirements to be classified as resident, they must complete the online Tuition Classification (TC) form.
  • The TC form will appear on the student’s admissions portal once a student has accepted their offer of admission and have placed their deposit to enroll.
  • Once the TC form is submitted it is reviewed by the Admissions Office. If additional documentation is needed the Admissions Office will email the student before making a final determination.
  • If a student’s status is changed to resident they will be notified and their student record will be updated.
  • If you experience issues finding the TC form or have further questions you must contact admissions@mines.edu. Graduate students must contact grad-admissions@mines.edu.

 

The State of Colorado signed several bills into law making it possible for qualified students to receive in-state (residency) status for tuition purposes at the time of admission. If you believe you meet the requirements to qualify under one of the bills below, DO NOT petition. New students must work with Admissions to verify eligibility, admissions@mines.edu or grad-admissions@mines.edu.

Current students should email residency@mines.edu for more information.

 

ASSET

Advancing Students for a Stronger Economy Tomorrow (ASSET) is a bill signed into law in 2013. Under the ASSET bill, U.S. Citizens, Permanent Residents and students without lawful immigration status who meet admission requirements and the necessary qualifications outlined below are eligible for in-state tuition.

To be eligible to receive residency under ASSET you must:

  • Have been physically present for the 12 months immediately prior to the start of the semester.
  • Have attended a public or private high school in Colorado immediately before graduating high school or obtaining a GED.
  • Transfer students who do not enroll in a Colorado institution of higher education within 12 months will be required to show they have completed 18 months of continuous physical presence.

 

Historic Tribes of Colorado

Senate Bill 21-029 was signed into law in 2021. Under the bill, institutions of higher education are required to offer in-state tuition classification to students who would not otherwise qualify for in-state tuition if the student is a member of an American Indian tribe. If you are a member of an American Indian tribe and are not sure that you qualify, please contact residency@mines.edu

Having tribal membership does not guarantee in-state tuition. You must have proof of tribal membership (i.e. Tribal Enrollment Card). Your card or other evidence must be submitted to the Admissions Office at the time you are admitted to the university. If you are a current student, submit your proof of tribal membership to residency@mines.edu

 

 

Ineligible Individuals

Students who do not qualify for residency status for in-state tuition are non-immigrant visa holders under the list of visa’s outlined below and participants of the Western Regional Graduate Program (WRGP). Mines also does not participate in the Western Undergraduate Exchange (WUE) program.

 

Ineligible Visa Types

International students under any one of the following visa types are not eligible to petition for residency status:

    • F-1, F-2, H-3, H-4 (if the visa holder is the spouse or child of an H-3), J-1 and J-2 (if the J-1 visa holder is a student or trainee), M-1, and M-2.

Only after permanent resident status has been officially approved, or a student is approved to be on a qualified visa, can they begin to establish 12 months of domicile and intent. Making them eligible to petition the following year.

For more information, please visit the Colorado Department of Higher Education website.

 

WRGP (Western Regional Graduate Program)

WRGP

  • WRGP is considered a public benefit from a student’s home state. Therefore, students participating in the WRGP program cannot petition for residency in Colorado. A student can only claim domicile in one state.  A student would need to surrender the WRGP benefit and also fulfill the other Colorado domicile and intent indicators for one year before being eligible to be classified as a Colorado Resident.
  • If you believe you qualify under WRGP or have questions about the program please contact the Graduate Admissions Office, 303.273.3247 or email grad-admissions@mines.edu. More information can also be found here: https://www.mines.edu/graduate-admissions/wiche/

 

Fall 2022 Petition Deadline

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Contact

Registrar's Office
Student Center, Suite E280
1200 16th Street
Golden, CO 80401
Hours: Mon-Fri, 8 am-5 pm

 

Registration or student record questions 
registrar@mines.edu
303-273-3200
FAX: 303-384-2253
_________________________
Residency petition questions & COF stipend
residency@mines.edu

Transfer Credit
transfer@mines.edu

Scheduling
scheduling@mines.edu