ELIGIBILITY FOR IN-STATE TUITION
Students who have been legally domiciled in Virginia for at least one year prior to the first day of classes for a term are eligible to pay tuition at the in-state rate. Domicile means the present, fixed home of an individual who returns following temporary absences and at which he/she intends to stay indefinitely. Domicile is NOT the same thing as residence. A person may have residences in more than one state, but may have only one domicile.
With certain exceptions[1] students under the age of 24 are rebuttably presumed to have their parents’ or legal guardians’ domicile. All students are initially presumed to be out of state and must establish through clear and convincing evidence that they qualify for in-state tuition. The domicile determination made by one college is not binding on any other college the student may attend.
The following are eligible to establish domicile:
All US citizens
Permanent Residents (green card holders)
Asylees
Refugees
Individuals under Temporary Protective Status
Holders of certain nonimmigrant visas
Individuals under Deferred Action for Childhood Arrivals (DACA)
In addition, there are special provisions for active duty military, veterans, and their families that allow them to pay in-state tuition without meeting normal domicile requirements.
NOVA, like all Virginia public colleges and universities, is governed by the Domicile Guidelines issued by the State Council on Higher Education for Virginia (SCHEV). The guidelines are authorized by and derived from the Code of Virginia.
A student’s eligibility for in-state tuition at all colleges in the Virginia Community College System, including NOVA, is initially determined by information gathered from the online Application for Admission. The domicile questions include such things as how long the student or parent has lived in Virginia; whether the student or parent has a Virginia driver’s license, car registration, and voter registration; and the student’s or parent’s history of paying Virginia income taxes as required by law. The initial determination is automated and is communicated to students on the confirmation page they receive when they submit the application. Students have a right to challenge the initial determination by filing an appeal.
http://www.nvcc.edu/tuition/in-state.html