California Residency Special Circumstances

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 States.

This exemption applies to the following:

• 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, § 1244)
• Afghan and Iraq translators (and their spouses and children) who worked directly with the United States Armed Forces (Pub.L. No. 109-163, § 1059)
• Afghanistan nationals 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, § 602)
• Refugee students admitted to the United States under Section 1157 of Title 8 of the United States Code.

These exemptions only apply to those who settled in California upon entering the United States. (Ed. Code, § 68075.6, subd. (b)(1).) Students who settled elsewhere in the United States, and then moved to California would not be eligible for this exemption and would be required to either establish residency or pay nonresident tuition. Under Education Code section 68122, T and U visa holders are also exempt from nonresident tuition by extension of Assembly Bill 343. 

Assembly Bill 343 also states that the exemption for a student is only available for the maximum time it would take for the student to establish residency. (Ed. Code, § 68075.6, subd. (b)(1).) That time, and therefore any nonresident tuition exemption, will expire one year from the date the student settled in California upon entering the United States. (Ed. Code, § 68017.) Upon expiration of the nonresident tuition exemption, the student will either have established residency in California, or will have an intention to reside elsewhere, and be subject to nonresident tuition.

Students who believe they fit the above criteria may complete a Residency Reclassification Petition (Admissions & Records Forms site under "Admissions Forms") and submit copies of supporting documentation to the Admissions & Records Office to determine their eligibility for the above exemption waiver or California residency reclassification or non-resident classification.

Students who have left California to attend an out of state College or University within the last 2 years will be required to show proof of retaining their California residency. Students who have been classified as a non-resident for attending an out of state College or University will be required to complete a Residency Reclassification Petition (Admissions & Records Forms site under "Admissions Forms") and submit all three of the following documents:

1. Copy of your parent’s California Resident Tax Return (Form 540) indicating that you are being claimed as a dependent and, if applicable, your CA state income tax return for the prior tax year.
2. Verification that you were or are attending college as a Non-Resident (For example: tuition bills or a letter from the Registrar stating what your categorization for tuition purposes is and what your permanent home of record is).  Please note if the university/college is “private”, online, off-site campus located in California or correspondence/distance learning, you must provide a letter from the Admissions and Records Office verifying the permanent home of record you reported.
3. Copy of your Valid California Driver’s License or Identification Card.

Veterans or dependents of an eligible Veteran who meet the following requirements shall be exempt from paying nonresident tuition at San Joaquin Delta College. A “covered individual” for purposes of compliance with the VACA Act and Education Code Section 68075.7 is defined as:

A student who lives in California and uses education benefits under Chapter 30, 31, 33, or 35 is granted a waiver of non-resident tuition regardless of his/her formal State of residence. Under the provision of Isakson and Roe Veteran Health Care and Benefits Improvement Act of 2020, section 1005, the requirement for covered individuals to enroll in a course at a public institution of higher learning within three years of being discharged to receive in-state tuition is no longer required effective August 1, 2021.

A covered individual is defined as:

• A veteran, or
• A spouse or dependent child using transferred benefits, or
• A spouse or dependent child of a person whose active-duty transferor dies, on or after September. 11, 2001, in the line of duty, or
• A spouse or dependent child using transferred benefits and the transferor is serving on active duty effective for courses, semesters, or terms beginning after July 1, 2017; 
• Effective August 1, 2022, a spouse or dependent child using Chapter 35 Dependent Educational Assistance (DEA) will be eligible for in-state tuition rates.

Students who initially qualify under the applicable requirements above maintain "covered individual" status as long as they remain continuously enrolled.

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.

How to apply for AB 13 (VACA) exemption

To apply for AB13 (VACA) California Nonresident Tuition Exemption for Eligible Veterans & Dependents you must:

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

Please submit to the Admissions and Records Service Window, DeRicco Building 1st floor in the Delta Connect Center or mail to:

San Joaquin Delta College
Admissions & Records-Residency
5151 Pacific Avenue, Box 102
Stockton, CA 95207