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AB 540

AB540 for Undocumented Students

AB 540 allows qualified undocumented students to be exempt from paying significantly higher out-of-state tuition at public colleges and universities in California.  (Click on AB 540 link for Frequently Asked Questions and Answers by MALDEF: Mexican American Legal Defense and Education Fund.)

AB 540 Guidelines & 68130.5 Requirements for Eligibility

    • Must have attended a California high school for 3 or more full academic years (between grades 9 through 12, inclusive and does not need to be consecutive years);
    • Must have or will graduate from a California high school or have attained a G.E.D.; or received a passing mark on the California High School Proficiency Exam (CHSPE);
    • Must register or is currently enrolled at an accredited institution of public higher education in California;
    • Must file or will file an affidavit as required by individual institutions, stating that the filer will apply for legal residency as soon as possible;
    • Must not hold a valid non-immigrant visa (F, J, H, L, A, E, etc.).

AB 540 Ineligibility

An ineligible student is one who does not meet the AB 540 criterion. In most situations, not having met the three years attendance at a California high school is what prevents a student from qualifying for AB 540. Students can still attend as long as they meet the admissions criteria and are accepted by the college or university, but must pay non-resident fees.