Friday, October 24, 2014

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AB 540 - Can It Work For You?

On October 12, 2001, Governor Davis signed into law Assembly Bill 540, which adds a new section to the California Education Code. It creates a new exemption from payment of nonresident tuition for certain nonresident students who have attended high school in California and received a high school diploma or its equivalent. This law provides an exemption from paying non-resident fees, however, it does not give the student resident classification status for any other purpose. Students who receive this exemption would be required to establish residency for any state-funded program (EOPS, BOGW, Financial Aid).
- AB-540 Form

Some frequently asked Questions and Answers

Question: What is the criteria?
Answer: Students must meet all criteria listed below.

  • High school attendance in California for three or more years.
  • Graduation or attainment of the equivalent from a California High School.
  • Enrollment at a college not earlier than the Fall 2001 semester.
  • Undocumented persons must complete an affidavit stating that he/she has filed an application to legalize his or her immigration status, or will do so as soon as he or she is eligible.

Question: Does this mean that a student who is a US citizen or an undocumented immigrant who graduated from a California High School many years ago is eligible?
Answer: Yes.

Question: If the student graduated from a California high school several years ago, moved out of state and has now returned to California to attend college – is he/she eligible?
Answer: Yes.

Question: Are students eligible who have been living here on a Visa that is precluded from establishing domicile in the United States (B-1, B-2, C, D-1, D-2, F-1, F-2, H-2, H-3, J1, J-2, M-1, M-2 O-2, P-1, P-2, P-3, P-4, Q (NAFTA), TN and TD)
Answer: No. These persons are not eligible for this exemption unless they have applied to the INS for a change of status to a classification other than nonimmigrant alien.

Question: What if the student is out of status – but has not filed for a change of status through INS?
Answer : This student would not be eligible.

Question: Do we have to require proof from the student?
Answer : According to the Chancellor's Office, we only require the signed affidavit.

Non resident students using this exemption will still be required to sign the non-resident forms

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