The Overt Acts Requirement.
New Mexico requires the completion of several "overt" acts which support the student's declaration of "intent" to become a permanent resident.
Examples of such acts are:
- Securing a New Mexico driver's license;
- Securing a New Mexico automobile registration;
- Registering to vote in New Mexico;
- Filing a New Mexico state tax return for the previous year; and
- Securing employment in the state.
Any act considered inconsistent with being a New Mexico resident will cause the request for resident classification to be denied.
As such, other relevant factors may be considered in addition to the items listed above.
For example, additional documentation which may be requested of the student may include:
- evidence of a long established bank account of at least six months in New Mexico, or
- evidence of residential property ownership in New Mexico or evidence of a rental agreement within the State.
The student must meet the requirements of all of the overt acts listed in this section unless they can sufficiently demonstrate why they are unable to do so.
The New Mexico Higher Education Department recognizes that there may be circumstances in which a student would not be able to fulfill the requirements of an overt act as listed in this section, such as:
Instances such as these, the institution will afford the student an opportunity to provide other documented evidence or reasonable explanation which demonstrated that permanent residency in New Mexico has been established by the student.
- individual is physically disabled and does not have a driver's license, or
- individual is a convicted felon and therefore cannot vote, etc.