1. A person holding a nonimmigrant visa with designation A, E, G, H-1, H-4 if accompanying a person with an H-1 visa, I, K, L, N, R, shall establish domicile and residency the same as another person.
  2. An independent person holding a nonimmigrant visa with designation B, C, D, F, H-2, H-3, H-4 if accompanying a person with an H-2 or H-3 visa, J, M, O, P, Q, S, TD, or TN shall not be classified as a Kentucky resident, because that person does not have the capacity to remain in Kentucky indefinitely and therefore cannot form the requisite intent necessary to establish domicile as defined in Section 1(6) of this administrative regulation.
  3. A dependent person holding a visa as described in paragraph (a) of this subsection, but who is a dependent of a parent holding a visa as described in subsection (2) of this section, shall be considered as holding the visa of the parent.
  4. A dependent person holding a visa described in subsection (2) of this section or paragraph (a) of this subsection, if a parent is a citizen of the United States and is a resident of and domiciled in Kentucky, shall be a resident of Kentucky for the purposes of this administrative regulation.
  5. A person shall be a Kentucky resident for the purpose of this administrative regulation if the person graduated from a Kentucky high school and:
  6. Is an undocumented alien;
  7. Holds a visa listed in subsections (2) or (3)(a) of this section; or
  8. is a dependent of a person who holds a visa listed in subsections (2) or (3)(a) of this section.
  9. Except as provided in paragraph (b) of this subsection, a person who has petitioned the federal government to reclassify visa status shall continue to be ineligible until the petition has been decided by the federal government.
  10. A person who has petitioned the federal government to reclassify his or her visa status based on marriage to a Kentucky resident and who can demonstrate that the petition has been filed and acknowledged by the federal government, may establish Kentucky domicile and residency at that time.

Section 9. Beneficiaries of a Kentucky Educational Savings Plan Trust. A beneficiary of a Kentucky Educational Savings Plan Trust shall be granted residency status if the beneficiary meets the requirements of KRS 164A.330(6).

Section 10. Criteria Used in a Determination of Residency Status.

  1. A. A determination of Kentucky domicile and residency shall be based upon verifiable circumstances or actions.
  2. A single fact shall not be paramount, and each situation shall be evaluated to identify those facts essential to the determination of domicile and residency.
  3. A person shall not be determined to be a Kentucky resident by the performance of an act that is incidental to fulfilling an educational purpose or by an act performed as a matter of convenience.
  4. Mere physical presence in Kentucky, including living with a relative or friend, shall not be sufficient evidence of domicile and residency.
  5. A student or prospective student shall respond to all requests for information regarding domicile or residency requested by an institution.

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