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.
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:
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:
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.
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 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.