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NY Residency Laws

NY Residency Laws and Why They Matter

Understanding how to obtain the benefits of NYC or New Jersey residency

While not strictly an immigration issue, NY residency can have important tax implications and can also provide for a substantial discount when attending many of the vaunted public universities and institutions in NYC and throughout the state. For these reasons, simply having an address in New York is not enough to establish a domicile or legal residence. As a law firm committed to assisting immigrants throughout the country, our team of attorneys at Bretz & Coven, LLP can help you understand how to establish residency in New York and the effect it can have on taxes, school tuition and the citizenship process.

Who can establish residency in New York?

To establish New York residency, you must either be a citizen or hold a permanent resident visa (green card) or another qualifying type of visa. Being a New York state resident subjects the entirety of your income to New York State income tax but also allows you to pay the reduced in-state tuition of New York’s many fine public institutions of higher education. To receive this benefit, you must be able to show that you maintained a permanent residence in New York State for at least one year prior to applying. This can be proved in the following ways:

  • U.S. passport
  • Green card
  • Certificate of Residency issued by your county treasurer

This one-year domicile requirement may be waived or reduced for individuals serving in the armed forces. In addition, nonimmigrants who hold the following types of temporary visas may be eligible for establishing New York residency:

  • A visas for diplomatic personnel
  • E visas for treaty investors and traders
  • G visas for foreign representatives
  • H-1B and H-1C for temporary workers
  • I visas for foreign media workers
  • K visas for fiancés, fiancées and spouses
  • L visas for intracompany transfers
  • O-1 and O-3 for persons with extraordinary ability and their families
  • S visas for persons supplying information about criminal or terrorist enterprises
  • T visas for victims of trafficking
  • U visas for victims of crime

Residency and citizenship

For those on the path to citizenship, establishing residency in New York or any other jurisdiction is also a prerequisite. Those seeking to obtain citizenship by naturalization must establish residency in a particular jurisdiction in the United States for at least three months unless they are members of the armed forces.

Contact us to learn how state residency laws affect you and your family

Our team of attorneys at Bretz & Coven, LLP helps lawful permanent residents and temporary nonimmigrants understand how state residency laws affect them and their families. Contact our experienced immigration lawyers in New York City today at 1 (212) 267-2555 or online for creative solutions to your complex immigration problems.  For an office appointment in Metro Park, New Jersey, call 1 (732) 313-0075.


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