The Foreign Service Journal, June 2022

THE FOREIGN SERVICE JOURNAL | JUNE 2022 89 while working in D.C., then your child who applies now to a Maryland public college will qualify for in-state tuition based on physical presence. But the situation gets more complex if you are serving overseas or if your child is apply- ing to a college in a state that you moved away from years ago. The starting point is to understand the concept of “domicile,” which is sometimes referred to as “legal resi- dence” or “permanent residence.” You acquire at birth the domicile of your parents. Your domicile remains the same as that of your parents while you are a minor. After becoming an adult, your domicile changes only if you establish a physical pres- ence in a new state with the intent of making it your perma- nent home. Joining the Foreign Service and repeatedly changing your location of assignment as directed by government orders does not automatically change your state of domicile. Of course, many Foreign Service members do change their domicile by cutting their ties to the state where they grew up. If so, their children do not qualify for in-state tuition in that particular state. Similarly, if you grew up in one state, went to college in another and held your first job in a third state, your children do not qualify for in-state tuition in any of those three states. Instead, the public colleges will look for evidence of your domicile in that state. Maintaining Ties to Your State of Domicile Thus, Foreign Service families who may someday seek in-state tuition can strengthen their case by maintaining continuing ties to their state of domicile. Whether that is the state where you grew up or a different state that you chose later as your permanent residence, you can prove domicile to that state through a variety of actions. These actions include absentee vot- ing, maintaining a driver’s license when overseas (when serving in a domestic assignment, you may be required to get a driver’s license in the state of that assignment), paying nonresident state income tax (when required) and reflect- ing that state in your will. It is vital to list that state as your state of residence and your address for service separation on your Official Form 126 “Foreign Service Residence and Dependency Report.” Also listing that state as your home leave address on your OF-126 provides added evidence of domiciliary intent. If you own property in that state, that will strengthen your claim to per- manent residency. Unfortunately, Foreign Service families who have not changed their state of domicile sometimes receive adverse determinations from public col- leges regarding in-state tuition. Most often, the institution will cite a prolonged absence from the declared state of domicile as the reason for denying eligibility for in-state tuition. In that case, you should appeal to the college citing your proofs of domicile as listed in the pre- ceding paragraph. AFSA Can Help If a college rejects your appeal despite your presenting clear evidence of past and continuing ties to the state, AFSA stands ready to write to that insti- tution to make the case that you remain domiciled there and, thus, should be given the in-state rate. Contact us at member@afsa.org . Over the years, such letters from AFSA have often succeeded in convinc- ing admissions offices to grant in-state tuition. But because many public universities face growing financial pres- sures, some state-supported colleges Instead of continuing to advocate with mixed results on a state-by-state and college-by-college basis, AFSA decided last year that a nationwide solution was needed. VECTORJUICE/SHUTTERSTOCK.COM