You should apply as a "freshman" as you don't need a visa/I-20 or show financial support. You are also eligible to file for FAFSA and financial aid.
However, Arjun is right that you will be evaluated in the international pool with other int'l applicants from the country of your high school.
Btw, you are considered out-of-state in any state unless one of your parents resides (physically) and pays taxes in your home state for at least the entire year before you are to enter college.
p.s. I don't think you need to take the TOEFL if your native language is English and you speak English predominately at home. However, there is no harm in taking the TOEFL as it should be easy for you ... if you can afford the $140.