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Q: Resident of NYS ( Answered 2 out of 5 stars,   0 Comments )
Question  
Subject: Resident of NYS
Category: Miscellaneous
Asked by: geneboy-ga
List Price: $5.00
Posted: 21 Oct 2002 14:38 PDT
Expires: 20 Nov 2002 13:38 PST
Question ID: 86136
Is an international student studying in NYS, and paying taxes to NYS,
a resident of NYS.

Request for Question Clarification by mvguy-ga on 21 Oct 2002 15:54 PDT
Two questions:

1) Is NYS mean New York state?

2) A resident for what purpose?  A resident for tuition-rate purposes,
for example, may not be the same as resident for purposes of being
required to have an in-state driving license.

Thanks!

Clarification of Question by geneboy-ga on 21 Oct 2002 16:22 PDT
Actually, NY DMV law says that 
      "NYS recognizes valid driver licenses issued to and held by
residents of other countries. You need not apply for a NYS driver
license unless you become a resident of NYS". It also says that
     "NYS recognizes your foreign driver license if you remain a
resident of the nation that issued the license. You do not need to
have a NYS driver license to drive in NYS unless you become a resident
of NYS".
     About international students, it says,
     "For the purpose of driver license and vehicle registration
requirements, Section 250 (5) of the Vehicle and Traffic Law defines
the term "resident." The law defines a resident as a person who plans
to reside in NYS as a permanent residence.

The law also states that a judge can consider a person who keeps a
residence in NYS for at least 90 days to be a resident. However, the
judge also can consider information that shows the person is not a
resident.  For example, the judge can consider if you pay taxes in
another state or if your children attend school in another state.

If you get a traffic ticket as a "resident" of NYS who does not have a
NYS driver license or vehicle registration, the judge must decide if
you are a resident of NYS. The DMV cannot decide if you are a resident
of NYS or that you must get a NYS driver license or registration.

STUDENTS from other states or nations who attend school in NYS are
normally NOT considered residents of NYS under this law".


      I am an international Ph.D student staying for 14 months in
NYS,I also pay taxes as I work as a Research assistant with my
professor.So, under these circumstances, can I drive with my Indian
Driving license.
                                        Thank you

Clarification of Question by geneboy-ga on 21 Oct 2002 16:23 PDT
Yes NYS means New York State
Answer  
Subject: Re: Resident of NYS
Answered By: aceresearcher-ga on 22 Oct 2002 18:49 PDT
Rated:2 out of 5 stars
 
geneboy,

I gather that what you are asking is "How can I pay lower tuition to
my college/university in New York by proving that I am a resident of
New York State?"

According to a page on SUNY (State University of New York) - Albany's
website entitled "New York State Residency Status for Tuition Billing
Purposes":
A person whose domicile has been in the State of New York for a period
of at least one year immediately preceding the time of registration
for any period of attendance shall be a New York resident for the
purpose of determining the tuition rate payable for such period. All
other persons shall be presumed to be out-of-state residents for such
purpose, unless domiciliary status is demonstrated in accordance with
guidelines adopted by the Chancellor or designee.

Definition of Domicile:

(a) For unemancipated students... (b) For emancipated [legally
considered an adult -- usually by being age 18 or over] students, a
domicile is a fixed, permanent home to which the student intends to
return whenever absent. A person may have many residences but only one
domicile. A domicile is retained until it is abandoned and another
established. ***** One does not acquire a New York State domicile by
being physically present in New York for the sole purpose of attending
the University, or by simply being physically present in New York for
a period of twelve months.***** ...

Domicile and Immigrant/Non-Immigrant Aliens:

Immigrant aliens (Permanent Residents), Refugees and Asylees,
including those with pending applications, may establish in-state
residence in accordance with these policies. Undocumented aliens may
similarly establish in-state residence under these policies.
Non-Immigrant Aliens with the following types of visa classifications
may also establish in-state residence in accordance with these
policies: A1-A3, E1 and E2, G1 - G5, H1 (and spouse and children of
H1), I, K1 and K2, L1 and L2, N8 and N9, O1 (and spouse and children
of O1)."
http://chef.fab.albany.edu/deptment/stuacct/ny/req.htm

This definition will be valid for all New York State publicly-funded
Colleges and Universities.

In plain English, what this means is that if you can prove that you
have lived in New York for more than 12 months, and you are going to
be living in New York for a long time after you graduate from
University, they might consider you a legal resident. However, in
order to deny you legal resident status, all they really have to do is
say that they believe your main reason for being in the State of New
York is to attend University. The burden will be on you to prove
otherwise.

Now, if you had been living and working full time in New York for 2 or
3 years prior to starting University, you would quite possibly be able
to get them to believe that you are, and intend to remain, a long-term
resident of the State. If you started University shortly after you
moved to New York, they are not likely to grant you legal resident
status based on that explanation.

However, if you're up to the paperwork, it can't hurt to try for legal
resident status -- the worst they can do is say "No". You will need to
request an "Application for New York State Residency Status for
Tuition Billing Purposes" from your University's Office of Student
Accounting (or, perhaps the Registrar; one of these should be able to
tell you where you can get the form).

I found this form available online for several of New York's
state-funded schools. Paste this phrase "Application for New York
State Residency Status For Tuition Billing Purposes" -- including the
quotation marks -- into the Google Search line, and look for the
listing for your school.

To find your school, you may need to view the expanded Google Search
results by clicking on the link at the end of the entries "In order to
show you the most relevant results, we have omitted some entries very
similar to the 13 already displayed. If you like, you can <<repeat the
search with the omitted results included.>>, since Google will omit
some of these pages because they are so similar.


Search Strategy

SUNY definition of New York legal resident
://www.google.com/search?hl=en&lr=&ie=UTF-8&oe=UTF-8&q=SUNY+definition+of+New+York+legal+resident&btnG=Google+Search

"Application for New York State Residency Status For Tuition Billing
Purposes"
://www.google.com/search?hl=en&lr=&ie=UTF-8&oe=UTF-8&q=%22Application+for+New+York+State+Residency+Status+for+Tuition+Billing%22&btnG=Google+Search


I hope this response has provided you with the information you were
seeking. Before rating my answer on this question, if you require
additional information or assistance, please post a request for Answer
Clarification, and I will do my best to meet your needs.

aceresearcher

Request for Answer Clarification by geneboy-ga on 22 Oct 2002 22:24 PDT
No perhaps u did not read my question at all. I was asking about
whether I can drive in New york State with my Indian driving licence
or not, given the fact that I am an international student who has benn
in new york for 14 months now and who pays taxes to New york state

Clarification of Answer by aceresearcher-ga on 22 Oct 2002 22:40 PDT
geneboy,

I did ask you, if you were not satisfied by my answer, to please
Request Further Clarification BEFORE posting a Rating for my Answer.

In order for Researchers to further assist you on this, you will need
to answer some questions:

Are you still a resident of the nation that issued your driving
license?

Do you plan to make New York State your permanent residence (in other
words, never moving back to your home country)?

Do you pay income or property taxes in another state?
 
Do your children attend school in another state?

aceresearcher

Request for Answer Clarification by geneboy-ga on 22 Oct 2002 23:52 PDT
Yes I am still a resident of my home country which issued the driving
license
I dont intend to make New York my permanent residence.
I do not pay taxes at any other state or country
And I do not have children.
        Sorry for rating ur answer, but ur answer was really no where
near to what I had asked

Clarification of Answer by aceresearcher-ga on 23 Oct 2002 00:16 PDT
geneboy,

Based on the information you posted earlier and your answers to my
questions, it would seem clear that the State of New York recognizes
your foreign driver's license and would not consider you a resident.
What part of this does not seem clear to you?

If you were ever called before a judge, I should think that all you
would have to say is that you are moving back to your home country
when your studies are done. As long as you can prove (i.e. valid
passport) your continued citizenship in that country, it seems to me
he would have to consider you "not a resident" of New York.

aceresearcher-ga
geneboy-ga rated this answer:2 out of 5 stars

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