Lawful Presence FAQs
To qualify for in-state tuition as a non-U.S. citizen, a student must demonstrate that they are "lawfully present" in the United States. While many individuals may have permission to remain in the country (an "authorized stay"), Texas residency regulations require specific legal statuses to meet the threshold for in-state classification.
No. While these terms may seem similar, they carry different weights in residency determinations. An authorized stay means the federal government is aware of your presence and is not currently seeking your removal. However, an authorized stay by itself does not automatically grant the "lawfully present" status required for in-state tuition eligibility.
This change comes from a new federal court ruling that impacts how Texas colleges and universities determine who qualifies for in-state tuition and Texas (TASFA) financial aid.
On June 4, 2025, the state of Texas and the federal government agreed that some parts of the Texas Education Code — specifically those that allow in-state tuition for individuals who are not lawfully present in the U.S. — conflict with federal law. Because of this, a U.S. District Court issued a permanent order preventing colleges and universities in Texas from offering in-state tuition to students who do not meet certain legal residency requirements.
To submit your documentation:
- Log in to AccessUH.
- Select myUH Self-Service.
- Click on the Academic Records tile, select Add a Lawful Presence eForm.
You will need a completed and notarized Residency Affidavit and one of the accepted documents to attach to the eForm.
Acceptable documents:
- Unexpired Texas Driver's License
- U.S. Passport
- Unexpired Employment Authorization Document (EAD)
- Permanent Resident Card (Green Card)
- Valid I-94 (Arrival/Departure Record)
- I-485 Receipt Notice (Application for Adjustment of Status)
Yes, students in most academic programs are eligible for a reduced course load.
The University has several payment arrangements available to students. You can review these at: https://www.uh.edu/financial/payment/plans/
Please contact Student Business Services for more information and guidance regarding your situation at 713-743-1010, option 6.