[RO] Clarification on subsection (f) - H, E, and L visa holders

[Tanjagay Martin]

Hi Alison,

It is one year before the quarter (term) of application.



In 2020, Gail addressed a similar situation involving an H4 student. "Otherwise, the only way she could get residency is through the 'usual' ways or if she has lived in WA for one year primarily for purposes other than educational (note for this part of the law that she does not need a domicile, nor do either of her parents, and she doesn't have to be independent or dependent). I'm referring to RCW 28B.15.012(2)(f)."

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Respectfully,

Tanjagay Martin | ctcLink Functional Trainer

WA State Board for Community and Technical Colleges
PO Box 42495 | 1500 Jefferson St. SE, Olympia, WA 98501-2495
tmartin at sbctc.edu<mailto:tmartin at sbctc.edu>

From: RO <ro-bounces at lists.ctc.edu> On Behalf Of Alison Bazeley via RO
Sent: Thursday, February 6, 2025 11:20 AM
To: ro at lists.ctc.edu
Subject: [RO] Clarification on subsection (f) - H, E, and L visa holders

[Sent from outside SBCTC]

Hi all,

With regard to subsection (f) of the residency law, can anyone here clarify whether the one year is prior to the start of the program as a whole (like the affidavit) or whether is one year prior to the quarter of application?

RCW: (f) Any person who has lived in Washington, primarily for purposes other than postsecondary education, for at least one year immediately before the date on which the person has enrolled in an institution, and who holds lawful nonimmigrant status pursuant to 8 U.S.C. Sec. (a)(15) (E)(iii), (H)(i), or (L), or who holds lawful nonimmigrant status as the spouse or child of a person having nonimmigrant status under one of those subsections, or who, holding or having previously held such lawful nonimmigrant status as a principal or derivative, has filed an application for adjustment of status pursuant to 8 U.S.C. Sec. 1255(a);

WAC: (f) Has resided in Washington primarily for purposes other than educational for at least one year immediately prior to commencement of the first day of the semester or quarter for which the student has registered at any institution, and who has met any of the following:
(i) Holds lawful nonimmigrant status pursuant to 8 U.S.C. Sec. (a)(15) (E)(iii), (H)(i), or (L);
(ii) Holds lawful nonimmigrant status as the spouse or child of a person having nonimmigrant status under 8 U.S.C. Sec. (a)(15) (E)(iii), (H)(i), or (L); or
(iii) Holds or previously held lawful nonimmigrant status pursuant to 8 U.S.C. Sec. (a)(15) (E)(iii), (H)(i), or (L) as a principal or derivative and has filed an application for adjustment of status pursuant to 8 U.S.C. Sec. 1255(a);

Thanks!

p.s. If anyone is wondering when this would be used instead of the affidavit, I'm looking at the potential eligibility of an H4 visa holder who moved here for the spouse's job, started school within their first year in the state (not affidavit eligible), and is funded by their out-of-state parent (therefore dependent and not RQ eligible).

ALISON BAZELEY
Residency Officer, Residence Classification Office
Office of the University Registrar, University of Washington - Seattle Campus
Please visit our website for more information on submission procedures and office hours.
http://registrar.washington.edu/students/residency/

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