Resources for Undocumented Students

This space has been designed to provide information to new and current students who are seeking information about AB540 eligibility as well as for faculty and staff who advise AB540 students regarding eligibility and available resources. We hope you will find this information helpful, informative and a valuable resource in promoting educational opportunities for all students.

 

California State Law

The California Dream Act allows eligible undocumented student to receive California State sponsored financial aid. Authored by Assembly Member Gil Cedillo (Los Angeles), it became law in 2011 through the passage of two Assembly Bills, AB 130 and AB 131.

AB 130

AB 130 allows students who meet AB 540 criteria (California Education Code 68130.5(a)) to apply for and receive non-state funded scholarships for public colleges and universities.

Full Assembly Bill 130

AB 131

AB 131 allows students who meet AB 540 criteria to apply for and receive state-funded financial aid such as institutional grants, community college fee waivers, Cal Grant and Chafee Grant.

Full Assembly Bill 131

AB 540

AB 540 students may be students who are U.S. citizens, but who are not CA residents or students who are undocumented.

You are an AB 540 eligible student if meet all of the following requirements:

  • Attended a CA high school for 3 or more years (9th grade counts);
  • Graduated (or will graduate) from a CA high school or the equivalent (GED or a Certificate of Proficiency);
  • Must register or is currently enrolled at an accredited institution of public higher education in California;
  • Must sign the California Nonresident Exemption Request, which states that all the requirements for AB 540 status have been met, and if you are undocumented, are in the process of adjusting your immigration status (or will do so as soon as you are eligible)

Students with nonimmigrant visas, (including, but not limited to any of the following visas: A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T*, TN/TD, TWOV, U*, and NATO) are not eligible for this exemption.

  • *Except for holders of T and U visas: UC policy permits T and U visa holders with approved I-485 applications who meet the requirements described above to be exempt from nonresident supplemental tuition until they are eligible to establish California residency according to UC policy.

DACA students who do not meet the AB 540 tuition requirements, listed above, will not be eligible for the exemption.

  1. Apply for admission to the CSU through CSUMentor.
  2. After you submit your admissions application, submit a California Non-Resident Tuition Exemption Request to the office of admissions at CSUB.  It is beneficial to submit the request prior to enrollment at the University.
  3. You will be required to submit high school transcripts and appropriate records of high school graduation or the equivalent.

For more information on admissions, visit the Admissions page.

Confidentiality

AB540 requires that state colleges and universities keep student information confidential. A student's immigration status cannot and will not be reported to immigration officials or any other third party.

Frequently Asked Questions (FAQs)

Yes, if you are an undocumented student you can go to any college or university in California as long as you meet the requirements and are admitted/accepted.
In order to qualify for in-state tuition (at a public California college or university) under AB 540, you must have completed three years of high school in California and graduated, attained a GED, or received a passing mark on the California High School Proficiency Exam (CHSPE).  You must also complete an AB 540 affidavit (California Non-Resident Tuition Exemption form) at the college/university that you will attend stating that you meet AB 540 eligibility requirements.
Yes, AB 540 students may receive some type of aid to pay for school. State grants may be provided after you submit your Dream Application through the California Student Aid Commission. State University Grants (SUG) may also available for AB 540 students as determined by the Office of Financial Aid.  There are also private scholarships for which you may be eligible.  Refer to the Office of Financial Aid and Scholarships as well as the Scholarship page.
The California Dream Act occurs at the state level. The passage of AB 130 and AB 131 by Governor Brown made The California Dream Act of 2011 an effective law in the state. The law at the state level allows certain undocumented students to apply and receive state financial aid and receive scholarships funded through private donors. On the other hand, the Federal Dream Act seeks to bring conditional residency for qualifying undocumented individuals.
Deferred Action for Childhood Arrivals (DACA) grants certain undocumented youth a work permit for two (2) years and stops the deportation of students who meet certain requirements such as: students that arrived in the US while under the age of sixteen; those who have continuously resided in the US for five years prior to June 15, 2012; and also requires that students be enrolled in school, have graduated from high school, have obtained a general educational development certificate or are honorably discharged veterans of the Guard Coast or Armed Forces of the US.
It is important that you consider your alternatives before pursuing a career. Many AB 540 students express this as their biggest challenge upon school completion. State licensing and federal background checks places AB 540 students into a disadvantage as their identity will not match any agency record. Some AB 540 students assimilate the career objectives to related fields or seek equal opportunities in countries that welcome their potential.

Yes. The Family Educational Rights and Privacy Act (FERPA) is a Federal law that protects the privacy of student education records.  your privacy is important and the information you provide is confidential. The records you disclose in your Dream Application and Affidavit are for university purposes only.

When completing the AB 540 Affidavit, students who are undocumented check the same exact box that U.S. Citizens and Residents do to protect undocumented students. ("I am NOT a nonimmigrant alien. [U.S. citizens, permanent residents, or alients without lawful imigration status, among others, should check this box.])

For more information about FERPA, visit the FERPA website..

Please refer to the FERPA Act to know more about your privacy rights including name, address, phone, and migratory status.

Yes. For purposes of eligibility for the tuition exemption, enrollment in the 9th grade, whether at a middle or a high school, counts toward the California high school attendance criterion.
No. The three years for a student's 9th through 12th grades need not be consecutive or completed at a single California school. For example, if a student attended 9th grade at a California middle or high school, left the state to attend 10th grade in another state, and returned to a second qualified California high school to complete 11th and 12th grades, that student would still meet the requirement of three years of high school attendance in California.
No, students are not required to have or use a Social Security number when applying to CSUB.  If the student does not have a SSN, the student should leave the field on the application blank.
If the student has received their work authorization and a SSN through DACA, the student may work on campus.  Most students who work on campus are hired as "student assistants" and are paid through public funds, which require residency and a valid social security number.  Undocumented students without DACA are not eligible to work for pay that is funding by public funds.  Non-DACA approved undocumented students are not eligible for paid internships, but may participate in unpaid internships.

Post-2016 Election AB 540 and DACA FAQs

Many AB-540 & DACA individuals are concerned as to how the 2016 Presidential election results will affect them and their families. Although much is currently unknown, a list of Frequently Asked Questions (FAQs) have been compiled. The information below is informational and does not constitute legal advice. Each individual case is different, and advice may vary depending on the situation. If you have any questions about your case, please contact an attorney for a consultation as soon as possible.

No. It is uncertain at this time what approach the new administration will take toward undocumented families.  However, according to the Mexican American Legal Defense Fund (MALDEF), “individuals without status who are present in the U.S. have certain legal and constitutional rights.  You have a right to a hearing and to have a judge review your case.  That process can take years in some cases, and you can remain in the U.S. until a final decision is made.  Other constitutional protections prevent certain enforcement tactics, and may present a basis to challenge overly aggressive attempts at immigration enforcement by the federal government.
The new President may cancel DACA if he chooses. At this time, we do not know if the President-Elect will immediately cancel the DACA initiative or when that might happen. Even if DACA is terminated, whether or not your lawful presence and work permit will cease right away depends on the announcement by the President-Elect and how it is implemented by the federal government.
It depends on whether the new president repeals DACA. If and when DACA is repealed, you will no longer be able to work with your EAD card even if it is unexpired. Many groups are asking that the new president not take back the unexpired cards but we do not know how he will respond to that request.
No. The laws that provide in-state tuition/admission for students are passed by states and cannot be changed by the President.
No, you should not leave or be outside of the country after January 20, 2017. This is because if the new president repeals DACA while you are abroad, it is very likely that you will not be permitted to re-enter the United States upon return, with or without Advance Parole.
You can travel, but there is a heightened risk that you will not be permitted to return to the United States with Advance Parole. Please consult with an attorney.
You should come back as soon as possible, before the date of the Presidential Inauguration, which is Friday, January 20, 2017.