State residency

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catzzz88

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I am applying to MD schools this June, 2012. I have seen similar topics in forums, but I wanted to be absolutely certain about something because sometimes the discussion threads can be ambiguous.

I am originally from VA - permanent address.
Undergrad in PA
Worked for two years and established residency in Boston-- MA
I moved to CA in December 2011 -- I got drivers license, car registered, vote app, job, etc.

Legally, I am a MA resident. This will be overturned in December 2012 when I will become a legal CA resident.

When I apply this round for 2013 matriculation, do I apply as MA resident, or CA resident? Wouldn't it be better to apply as MA resident anyway because CA med schools claim to not differentiate between IS and OOS? Does AMCAS check residency stats anyway?

Thanks all! 👍

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When you submit your AMCAS, you're supposed to choose the state which you are a current legal resident for (that would be MA). There is an option to change your residency status after you submit (see amcas instructions). I would let CA schools know when you send your secondary that by the time you matriculate, you'll be a CA resident. At least...this what I would do.

CA schools will probably notice that your current address is a CA address. You can also put employment information on your AMCAS, so they'll see that you're working in CA. They shouldn't miss your connection to CA even if your residency is MA.
 
Sorry to say, but you are no longer a resident of the Commonwealth of Massachusetts. Unless there is something unusual about your move to California (e.g. You are active duty military), you became a California resident last December when you moved there. You have fallen into the unfortunate situation where you do not qualify for instate tuition anywhere. Now, whether you can be given in-state preference for admission purposes in California depends on the way the schools read the rules and apply them. That being said, there are times where schools have been known to bend the rules in compelling situations. You could certainly call the Massachusetts schools and ask them, but given that you don't appear to have strong ties to Massachusetts, I think they are unlikely to do that. By the way, I thought you had to live in Massachusetts for five years before they considered you instate.

Ed
 
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Massachusetts has a brutal residency policy. 5 years of MA tax returns, current non-po box mailing address, drivers license, in-state high school diploma helps, etc. UMASS is a sweet school, and they ONLY accept in-state applications (unless dual PhD-MD), but, like a few of us said, if there's a break in that 5 years, it's impossible. That said, it's always worth a phone call. From what I hear, odds at UMASS in-state are probably better than odds at a CA school in-state...
 
Just a hypothetical qusetion. If you marry a state spouse would you be granted state residency?
It's kind of ironic that Cheney could change his state of residency, from Texas to Wyoming, on a dime to get Texas electoral votes while unfortunate students who apply for medical school could be stateless. Some on needs to make a federal case out of this so every US Citizen has a resident status some where.
 
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Just a hypothetical qusetion. If you marry a state spouse would you be granted state residency?
It's kind of ironic that Cheney could change his state of residency, from Texas to Wyoming, on a dime to get Texas electoral votes while unfortunate students who apply for medical school could be stateless. Some on needs to make a federal case out of this so every US Citizen has a resident status some where.

You do. By the Fourteenth Amendment, you have citizenship in the United States as well as the state of your residence. It just sucks for you if you move around the time of your application, because the state have a legal right to impose reasonable conditions on applying restrictions to you based your duration of stay in the state (http://caselaw.lp.findlaw.com/data/constitution/amendment14/33.html).

Just apply as a California resident. It's not going to help very much, but you really don't have an alternative.
 
When I apply this round for 2013 matriculation, do I apply as MA resident, or CA resident? Wouldn't it be better to apply as MA resident anyway because CA med schools claim to not differentiate between IS and OOS? Does AMCAS check residency stats anyway?

Thanks all! 👍


I may be wrong but if you apply to Cali public schools as an OOS, your odds are close to 0, whereas if you apply as an IS, your odds are low but still > 0%.
 
You do. By the Fourteenth Amendment, you have citizenship in the United States as well as the state of your residence. It just sucks for you if you move around the time of your application, because the state have a legal right to impose reasonable conditions on applying restrictions to you based your duration of stay in the state (http://caselaw.lp.findlaw.com/data/constitution/amendment14/33.html).

Just apply as a California resident. It's not going to help very much, but you really don't have an alternative.

"Unresolved still are issues such as durational residency requirements for occupational licenses and other purposes." From the link.

What I was saying that for school admission purposes a student should, who is US Citizen, should have one state or Washington DC. If state laws don't allow to him to be a resident of any state whatsoever then their should some Federal law or case law which designates him a residency, and the Federal law should trump.

BTW would a marriage to a state resident give the spouse the residency of that state?
 
I think most of the people here are not completely correct about your state of residence. Yes, state educational institutions have very strict requirements that determine if you are a resident for tuition purposes. From what I understand: If you claim Virginia as your "Permanent Address" then you would be a legal residents of Virginia (but you would need to contact a school registrar in Virginia to find out if you would be considered a resident for admission or tuition purposes). On the other hand if you claim your permanent address is in California(and file taxes and have a drivers license here) then you would have domicile in California and be a legal resident of California. It looks like because you would reside in California for 1 year prior to matriculation you would also be considered a resident for admission/tuition purposes in California(http://registrar.ucsf.edu/registration/residency). It would probably be best to contact a school's registrar and ask. I don't promise this information is correct, I do not have personal experience with this issue but you can look up information on your "state of legal residence" if you don't believe.
 
Massachusetts has a brutal residency policy. 5 years of MA tax returns, current non-po box mailing address, drivers license, in-state high school diploma helps, etc. UMASS is a sweet school, and they ONLY accept in-state applications (unless dual PhD-MD), but, like a few of us said, if there's a break in that 5 years, it's impossible. That said, it's always worth a phone call. From what I hear, odds at UMASS in-state are probably better than odds at a CA school in-state...

This is all true. You for sure won't be an MA resident for the purpose of applying to UMass-Worcester. As far as BU and Tufts, I don't think there's much of an in-state preference in the admissions process at those schools, though I'm sure both the applicant pool and the matriculated class are overrepresented with Massachusetts/New England natives.

Anyway, because of the strict residency requirement, your overall acceptance odds at UMass are pretty good: 21% in 2011 (60% chance to interview).
 
First, my "permanent address" is my mom's address. I grew up in VA and my mother resides there still. I have not lived or been a resident there in 7 years.

If MA is 5 years then I cant be MA.
If CA is 1 year, I cant be CA either.

Why is this such a difficult question?
Am I truly and legally in limbo?
I have no state of legal residence?


Most people say that I should apply as a CA resident... I guess that I will do that.

I still want to know: does AMCAS check residency? If they, do I would be caught "lying" on my application. If they don't, couldn't I just put MA and move on?

Silly legal system.

Thanks for all feedback!
-C
 
As far as I can tell, you can put whatever you want on your AMCAS application, and it's up to the school to enforce any residency requirements they may or may not have. It's such a confusing process (residency determination) in a lot of states, I'm sure it would be viewed as more of a mistake than anything else. However, certain schools will definitely yank your name from the pool (ie UMASS, since they only accept in-state apps) or simply push you into the OOS pool and tuition bracket (ie, University of Vermont apparently engages in some pretty rigorous investigation once they receive their IS apps for the year--that's according to their admissions office when I called last week). It's really up to the school, so you have to consider what you'd be risking by potentially being disqualified by certain schools as an in-state applicant. All that said, if you're in doubt, call an admissions office of interest and ask to speak with a residency counselor.
 
First, my "permanent address" is my mom's address. I grew up in VA and my mother resides there still. I have not lived or been a resident there in 7 years.

If MA is 5 years then I cant be MA.
If CA is 1 year, I cant be CA either.

Why is this such a difficult question?
Am I truly and legally in limbo?
I have no state of legal residence?


Most people say that I should apply as a CA resident... I guess that I will do that.

I still want to know: does AMCAS check residency? If they, do I would be caught "lying" on my application. If they don't, couldn't I just put MA and move on?

Silly legal system.

Thanks for all feedback!
-C

It is absolutely possible to be in a limbo situation. It also sounds a whole lot like you’re in that situation at the moment. Depending on CA state rules, you may be able to slide and still claim CA state residency if residency is based on living in CA a year from MATRICULATION instead of application. Not the best news, but a state of residence is better than no state of residence… even if it is California.

AMCAS will not check your state residency. The medical schools you’re applying to, however, can (and absolutely WILL if we’re talking about state schools) check your residency status. This can include making you provide proof as to your state of residency. There are also some states that separate state residency decisions for admissions and tuition purposes. Also be aware that state residency requirements can vary from school-to-school within the same state. One school may challenge your state residency while the other may let it slide. It happens.

I applied this application season with a complicated state residency situation. I was denied residency in my native state, causing me to switch my state residency in mid-June to another state. AMCAS was supposed to send out status updates to all the schools I applied to. I later found out this didn’t happen. It probably cost me an interview at one of my state schools, who judged me as an OOS student. My other state school challenged my state residency because of the switch. I provided papers verifying my employment, my living situation, and tax records to get re-approved for state residency. Everything worked out for me, but it could have EASILY gone the other way. I saw it happen to a friend.

TL;DR: It’s a messy process if you screw things up. Don’t. Contact the schools you’re applying to directly and figure out your situation. There are deadlines in declaring/switching state residency. Be aware of these things.
 
Contact the schools you’re applying to directly and figure out your situation. There are deadlines in declaring/switching state residency. Be aware of these things.

This is great advice and really the take home message here. I've been giving advice on this topic for 10 years here and its always the same: check with the school. The school is going to decide whether you meet residency requirements.

To address some of the earlier comments, I think that it's important to understand the entire "residency" issue. It seems confusing and unjust, and it probably is to a certain extent. If you understand how and why this all works, it may help.

First, residency, or "domicile" as we lawyers refer to it, is a matter of fact. You don't "claim" it, you don't file a paper to secure it. Domicile is determined by a person's presence within a state with the intent to remain there indefinitely. The definition of indefinite is very loose and I generally advise that if you aren't living out of a suitcase, you have the intent to stay there. There are some major exceptions. Generally, undergrads are still seen by the law as falling under their parents purview and still could hold on to their parents state of domicile. Of course, the degree of the child's independence could argue against this (e.g. marriage). The case is much less clear for graduate students; they are usually seen as changing domicile to the state of their school. Leeway is given to those taken away from by official government duties (e.g. military, state department officers).

Domicile is really a state of mind which is shown by your actions. If you grow up in Virginia and then move to Maryland and get a job (other than something brief and temporary) you can't maintain your domicile in Virginia simply because you get some mail at your parents house and keep your car registered there.

This brings me to my next issue. People often look at the tests schools use to determine domicile in the wrong way. You'll see a list of things that indicate where you are domiciled (abode, voter registration, driver's license, car registration, bank accounts). These things don't determine your domicile, you do! They merely are evidence of where your ties. It's important to note that often these indicators are incorrect. If you move to another state and get an apartment and start a job, you MUST re-register your car and get a new license. If you don't do this, you can get cited for driving without a license or driving an unregistered motor vehicle (In case you doubt this, I have personally prosecuted people for this).

Finally, this brings up the issue of why you can change your domicile so easily, yet not get the benefit of your new state of residence. Despite Article IV of the Consitution protecting you when moving amongst states, the US Supreme Court has long held that states my force you to meet certain duration requirements before qualifying for certain state benefits. This protects the states' investment in their own education system from carpetbagging. No federal "law" could fix this because those issues are determined by state law. The effect of all this is that an individual like our OP moves to a state where he has yet to achieve full benefits from California, but no longer can recieve benefits from his former home Massachusetts because he is no longer a resident.

Which returns me to my point and that of several previous posters. Although the law is relatively clear on these issues, individual school are empowered to make these decisions. They have been know to stretch the rules quite a bit in compelling cases for people who have strong ties to their state.

I hope this novella helps clear up some of the issues.

Ed
 
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