ab 540 students with undocumented residency status

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AB 540 Students with undocumented residency status

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Page 1: AB 540 Students with undocumented residency status

AB 540Students with undocumented residency status

Page 2: 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

Page 3: AB 540 Students with undocumented residency status

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.

Page 4: AB 540 Students with undocumented residency status

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 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

Page 5: AB 540 Students with undocumented residency status

Non-Immigrant StudentsVisa Holders

Students who are “non-immigrant aliens”

(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.

Page 6: AB 540 Students with undocumented residency status

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).

Page 7: AB 540 Students with undocumented residency 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.

Page 8: AB 540 Students with undocumented residency status

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.

Page 9: AB 540 Students with undocumented residency status

DREAM Act:Development, Relief, and Education for “Alien” Minors Act

& Student Adjustment Act (2003-2004)

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

Page 10: AB 540 Students with undocumented residency status

Write to or call your Senators and Local Representatives

Senator Barbara Boxer112 Hart Senate Office BuildingWashington, DC 20510(202) 224-3553www.boxer.senate.gov/contact

Senator Diane Feinstein112 Hart Senate Office BuildingWashington, DC 20510(202) 224-3841www.feinstein.senate.gov/email.htlm

Por Internet: www.senate.gov o www.house.gov Pueden llamar al 411 y pedir información sobre su representante local

Page 11: AB 540 Students with undocumented residency status

Youth Advocates in Action

CHIRLA: WISE UP2533 West of Third Street, Suite 101Los Angeles, CA 90057General Line: (213) 353-1333 [email protected] * www.chirla.org

PULS: People United for the Legalization of StudentsNational Network for Immigrant and Refugee Rights310 8th Street, Suite 303Oakland, CA 94607(510) 465-1984 Fax: (510) 465-1885 [email protected]

Grupo estudiantil de Fresno City College & Fresno State UniversityLeonel Flores, Centro de derechos para inmigrantes y trabajadores280 North Van Ness AvenueFresno, CA 93701(559) 443-1317 [email protected]