AB 540 Affidavit, Explained

A Step-by-Step Guide to California’s Nonresident Tuition Exemption for Undocumented Students

By TRW Law Firm – U.S. Immigration & Education Compliance Practice
Last Updated: March 6, 2025

Introduction

In California, undocumented students and certain nonresidents face significant barriers to accessing affordable higher education. However, thanks to Assembly Bill 540 (AB 540), eligible students can receive exemption from nonresident tuition fees and pay in-state rates at California public colleges and universities. This provision is critical for those who have built their lives in California but lack legal immigration status.

At the heart of this opportunity is the AB 540 Affidavit, a legal document students must submit to affirm eligibility for the tuition exemption. In this comprehensive guide, TRW Law Firm walks you through everything you need to know about the AB 540 Affidavit—from eligibility and the application process to document requirements, timelines, and what to do if your application is denied.

What Is the AB 540 Affidavit?

The AB 540 Affidavit, also called the California Nonresident Tuition Exemption Request, is a signed declaration used to request in-state tuition rates at California State University (CSU), University of California (UC), and California Community Colleges (CCC). It is based on California Assembly Bill 540, passed in 2001 and later amended by SB 68 and AB 2000, which expanded eligibility to a wider group of students.

This affidavit affirms that the student:

• Attended a California high school (or equivalent institution) for a minimum of three years,
• Graduated from a California high school (or obtained a GED), and
• Intends to legalize their immigration status as soon as eligible.

It is not an immigration document; rather, it is an educational affidavit that qualifies certain nonresidents to pay resident tuition rates.

Who Should Submit the AB 540 Affidavit?

The AB 540 Affidavit is designed for students who meet both educational and residency-based criteria. Applicants often fall into one of the following categories:

✅ Undocumented or DACA Students

Students without lawful immigration status or those granted Deferred Action for Childhood Arrivals (DACA) may qualify for AB 540 tuition benefits, as long as they meet all the educational and residency requirements.

✅ U.S. Citizens and Green Card Holders Returning from Abroad

Even students who are U.S. citizens or lawful permanent residents but graduated high school abroad may qualify if they completed three years of California schooling (e.g., adult school, community college) prior to obtaining their diploma.

✅ Temporary Visa Holders and Others

In some cases, nonimmigrant visa holders, such as those with F-1 or H-4 status, may also qualify if they meet the educational requirements. However, each college or university will assess eligibility on a case-by-case basis.

Eligibility Requirements for AB 540

To be eligible, you must meet both an educational requirement and a residency requirement. You must also submit the AB 540 Affidavit, attesting to your intention to legalize your immigration status when eligible.

Educational Criteria

You must meet at least one of the following:

🟩 Attended a California high school for at least three full years, and graduated or earned a GED
🟩 Completed three years of high school, adult school, or community college coursework in California
🟩 Earned credits from a combination of California schools totaling three years, and received a California-issued diploma or equivalent

Residency & Immigration Criteria

🟩 Must be a resident of California
🟩 Must currently reside in California
🟩 Must sign an affidavit stating intent to apply for legal immigration status as soon as eligible

This affidavit is legally binding and will be retained in the student’s file.

How to File the AB 540 Affidavit

Step 1: Get the Right Form

Visit your institution’s website or admissions office to obtain the AB 540 Affidavit. Some schools may label it as the “California Nonresident Tuition Exemption Form.”

Each campus may use slightly different formats, but all versions request the same core information.

Step 2: Complete the Affidavit

You’ll be required to provide:

• Personal details (name, date of birth, student ID)
• School attendance history in California
• Graduation date and institution
• Statement of intent to legalize immigration status
• Signature and date

Be sure to complete the form honestly and legibly. Providing false information may jeopardize your educational standing or future immigration benefits.

Step 3: Submit the Form

Submit the completed form to the admissions or registrar’s office of the institution you’re attending or applying to. Some schools accept email or online submission, while others require in-person or mailed submission.

Always keep a copy for your records.

When to Submit the AB 540 Affidavit

You should submit your AB 540 affidavit:

• When you apply for admission to a California public college or university, or
• When you apply for financial aid, especially via the California Dream Act Application (CADAA)

⏰ Most campuses require the form before the start of the academic term. Deadlines may coincide with admissions or financial aid deadlines. Check with your institution for specific dates.

What Supporting Documents Are Required?

To support your affidavit, you may be required to submit additional documents:

Each campus may request additional documentation or verification. Submit only copies unless original documents are specifically requested.

Cost to File

The AB 540 affidavit is free to submit. However, you are still responsible for:

• Standard college admissions application fees
• Any costs related to obtaining transcripts or other documentation

Many California schools waive application fees for eligible low-income or undocumented students. Contact your school’s admissions or financial aid office to inquire about a fee waiver.

What Happens After You Submit the Affidavit?

Once submitted, the following steps generally occur:

1. Admissions or registrar’s office reviews your form and documentation
2. If approved, your tuition classification is updated to reflect in-state residency
3. If applying for financial aid via CADAA, eligibility for Cal Grants or other state aid may be enhanced
4. You will receive confirmation of your tuition status as part of your admissions or billing package

California Dream Act Integration

The AB 540 affidavit often works hand-in-hand with the California Dream Act, which provides state-funded financial aid for undocumented and nonresident students.

To benefit from both:

• Submit the AB 540 affidavit to your institution
• Submit the CADAA form (not FAFSA) to the California Student Aid Commission

Deadline: March 2 each year for most financial aid programs.

Key Legal Updates

Since its original passage, AB 540 has been expanded through the following amendments:

• AB 2000 (2014): Extended eligibility to students who completed three years of elementary or secondary school in California.
• SB 68 (2017): Included adult schools and California community colleges in the “three years of attendance” requirement.

Common Pitfalls to Avoid

✅ Submitting the form too late (after term starts)
✅ Failing to include transcripts or supporting evidence
✅ Using outdated versions of the form
✅ Assuming eligibility without confirming high school or attendance history
✅ Not checking each institution’s specific process

AB 540 and Immigration Status

AB 540 does not grant legal immigration status. It merely allows undocumented or nonresident students who meet California-based criteria to access more affordable tuition.

The affidavit includes a statement of intent to legalize your immigration status once eligible, which is a formal declaration—not an application for any immigration benefit.

AB 540 FAQs

Can I file the AB 540 Affidavit after getting admitted?

Yes. Many schools allow post-admission submissions. However, early submission ensures your tuition is classified correctly and that you don’t miss out on state aid.

What if I already have DACA status?

You may still benefit from AB 540. DACA doesn’t automatically qualify you for in-state tuition, but your education and residence history might.

Is there an appeal process if I’m denied?

Yes. Contact your admissions or registrar’s office for a formal appeal or request for reconsideration. Often, denials are due to missing documents or errors on the form.

Can legal permanent residents use the AB 540 affidavit?

In rare cases, yes. If a green card holder recently received lawful status but otherwise meets the AB 540 education requirements, the form may still apply.

Timeline Summary

Summary Table: AB 540 Affidavit at a Glance

Final Thoughts from TRW Law Firm

At TRW Law Firm, we recognize the transformative power of higher education—especially for undocumented students and immigrant families. The AB 540 Affidavit is a gateway to affordable education and a more stable future. Understanding its requirements, your eligibility, and the process can help you or your loved ones seize this important opportunity.

If you’re unsure about your eligibility, need help navigating tuition classification, or have legal questions related to DACA or immigration petitions, our immigration attorneys can guide you with compassion and clarity.

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