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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 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.


Immigration Consequences of Criminal and Fraudulent Conduct
The immigration consequences of criminal or fraudulent conduct can be harsh and often illogical. Even a very minor offense could have a dramatic immigration consequence, including deportation, detention without bond, being denied naturalization, a visa or re-entry into the United States. Likewise, the use of fake or fraudulent documents, aliases, and other misrepresentations can have similar immigration consequences. Kerry Bretz and Bretz & Coven have been counseling non-citizen criminal defendants, as well as their lawyers, for over 20 years. We have a long history of strategizing deportation and removal defenses, as well as applications for waivers, in very complicated cases.

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"Was trying to get Green Card since about 7 years. Finally when I switched to this law firm I was able to get green card very fast with great confidence. Big thanks to Eileen, Kerry, Manjit and Olga." - Dinesh, Kansas

""With an extensive criminal history: over 14 arrests, 2 State prison bids and several felony convictions no lawyer wanted my case in 2010. Thanks to the experts at Bretz & Coven who worked diligently and with precision, today I am a United States citizen." - E.A. Brooklyn, NY

"Absolutely one the best, if not the best immigration attorneys. They helped from start to finish in my green card process. At no point was I blind-sided by anything. Simply amazing!" - Leon B. Jersey City,

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