AB 540 Students with undocumented residency status

Cost Difference at California Colleges & Universities California Community College: $20/unit (in-state) $170 (out-of-state) California State University: $3,137/year $13,946/year University of California: $6,636/year $22,000/year

Requirements for AB 540: » Attend a California High School for 3 or more years; - continuation schools, charter high schools, private schools, and adult education programs may be acceptable (ask your counselor) - there is no time limit on how far in the past the student might have attained this status » Graduate from a California high school or receive the equivalent (GED); » Register or be currently enrolled at an accredited public institution of higher education in California; » Sign a statement with the college or university (NOT with INS) stating that he/she will apply for legal residency with the INS as soon as he/she is able to do so.

Educational Rights and Privacy Act for ALL Students The Family Educational Rights and Privacy Act of 1974 is a federal law regarding the privacy of student records and the obligations of the institution, primarily in the areas of release of the records and the access provided to these records. The Family Educational Rights and Privacy Act of 1974 is a federal law regarding the privacy of student records and the obligations of the institution, primarily in the areas of release of the records and the access provided to these records. The information that a student shares with a college or university is protected by federal law. Students must sign an affidavit in order to qualify for AB 540 relief but the school cannot legally share this information with third parties especially the Department of Immigration and Naturalization Students must sign an affidavit in order to qualify for AB 540 relief but the school cannot legally share this information with third parties especially the Department of Immigration and Naturalization

Non-Immigrant Students Visa Holders Students who are “non-immigrant aliens” Students who are “non-immigrant aliens” (F series student visas or B series visitor visa), are not eligible for this exemption. (F series student visas or B series visitor visa), are not eligible for this exemption. If a student has an expired visa and is now consequently “out of status”, he/she will be eligible for in-state tuition fees if they meet the law’s requirements. If a student has an expired visa and is now consequently “out of status”, he/she will be eligible for in-state tuition fees if they meet the law’s requirements.

Financial Aid AB 540 does not provide financial aid to undocumented students nor does any other law. Students who need financial assistance should look for scholarships that do not require legal permanent residency or U.S. Citizenship. If a student filed an application with INS to legalize status, the student may already be eligible for resident fee status and may be eligible to receive state financial aid. (Consult your immigration attorney about your eligibility status).

Legal Residency  AB 540 DOES NOT ESTABLISH legal residency for immigrant students.  AB 540 permits that the California resident tuition also apply to undocumented students who meet the AB 540 requirements.

Important Points about Immigration: AB 540 does not establish legal residency for undocumented students eligible for in-state tuition. Undocumented students who have questions about their legal residency should consult an immigration attorney. A student with a valid visa does not qualify for in-state- tutiton fees under AB 540. Making false statements about your immigration status creates serious problems. If you have made such statements, consult with an immigration attorney immediately.

DREAM Act: Development, Relief, and Education for “Alien” Minors Act & Student Adjustment Act ( ) IF SIGNED INTO LAW: Would grant qualified* immigrant students the opportunity to obtain legal status and thus enable them to pursue higher education and contribute fully to the nation. IF SIGNED INTO LAW: Would grant qualified* immigrant students the opportunity to obtain legal status and thus enable them to pursue higher education and contribute fully to the nation. * Requirements to Qualify –Student MUST have lived in the U.S. for five years or more –Student MUST be a high school graduate –Student MUST have “good moral” conduct –Student MUST attend a minimum of 2 years of college

Write to or call your Senators and Local Representatives Senator Barbara Boxer 112 Hart Senate Office Building Washington, DC (202) Senator Diane Feinstein 112 Hart Senate Office Building Washington, DC (202) Por Internet: o Pueden llamar al 411 y pedir información sobre su representante local

Youth Advocates in Action CHIRLA: WISE UP 2533 West of Third Street, Suite 101 Los Angeles, CA General Line: (213) * PULS: People United for the Legalization of Students National Network for Immigrant and Refugee Rights th Street, Suite 303 Oakland, CA (510) Fax: (510) Grupo estudiantil de Fresno City College & Fresno State University Leonel Flores, Centro de derechos para inmigrantes y trabajadores 280 North Van Ness Avenue Fresno, CA (559)