Multicultural Immigrant Student Program





Marco Firebaugh Resource Guide

This section of our program website is devoted to providing resources for undocumented students.

Frequently Asked Questions

  1. How do I know if I qualify as an “AB540” undocumented student?
  2. What is “the affidavit”? Who needs to fill it out? Where do I get it? How do I fill it out?
  3. What are my rights as an undocumented student at the university? And what are my human rights?
  4. Can the university share my information with Immigration and Customs Enforcement?
  5. What financial assistance am I eligible for? Where can I apply for financial assistance?
  6. How can I work and be paid? Where can I find paid work, regardless of my citizenship status?
  7. Where can I go on campus just to talk with knowledgeable staff, faculty and other students about these issues?


The Answers

1. How do I know if I qualify as an “AB540” undocumented student?

Undocumented students can go to ANY college or university in California if they meet admissions requirements. In order to qualify for in-state tuition under AB 540, a student must meet ALL of the following requirements:

• Attend a California high school for 3 or more years
• Graduate from a California high school or receive the equivalent, such as a GED
• Submit an affidavit to the California public college or university where they are attending or plan to attend.


2. What is “the affidavit”? Who needs to fill it out? Where do I get it? How do I fill it out?

The AB540 affidavit is a “written promise.” In this statement, students declare that they meet all AB 540 requirements and have filed an application to adjust their immigration status or will do so as soon as they are eligible.

ALL students eligible for the AB540 tuition exemption and enrolled in a higher education institution MUST fill out the affidavit in order to waive out-of-state tuition. The student is to submit the affidavit once accepted by the university. For community colleges, the student must turn in the affidavit when the student registers for classes. Students who indicate on their UC application that they are neither a U.S. citizen nor a permanent resident are usually sent via mail a letter from your respective university’s Office of the Registrar containing the affidavit as well as other related information. If you did not receive one and you know that you should, simply go to their university’s Office of the Registrar and ask for it. (For community college students, go to the admissions/registration office of your school.)

If you need help completing the AB540 Affidavit free free to contact the MISP office.

*All information contained in the affidavit should be truthful, particularly with regard to immigration status, because providing false information could potentially jeopardize an individual’s future efforts to adjust his or her immigration status.


3. What are my rights as an undocumented student at the university? And what are my human rights?

Check out part one of a video series of Mark Silverman, a lawyer working at San Francisco’s Immigrant Legal Resource Legal Center (ILRC), conducting a “Know Your Rights” workshop with Rising Immigrant Scholars through Education (RISE). RISE is a UC Berkeley student-run organization devoted to building a support network for AB540/undocumented students and to advocate for the passage of the DREAM Act.

*For all UC and most CSU, students must apply in November of the year before they wish to begin. Two sections must be left blank:
1) Social Security Number Slot Should be Left BLANK
2) Immigration Status Slot Should be Left BLANK


4. Can the university share my information with Immigration and Customs Enforcement?

No. Under California law, the information disclosed in the affidavit must remain confidential. 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.

Also note that many students who are eligible for AB540 are documented citizens. Not all AB540 students at UC Berkeley are undocumented immigrants.


5. What financial assistance am I eligible for? Where can I apply for financial assistance?

Undocumented students are not eligible for state (CalGrant) and federal (FAFSA) financial aid. However, undocumented immigrant students may qualify for PRIVATE scholarships that do not require verification of legal immigration status. Undocumented immigrant students should also look into fundraising, savings, and other opportunities to supplement the cost of their education. Please visit our Off Campus Resources link of the MISP website to access a list of scholarships for undocumented students.


6. How can I work and be paid? Where can I find paid work, regardless of my citizenship status?

Undocumented students are legally not allowed to work in this country. If you need help accessing scholarships or sponsorship opportunities feel free to contact the MISP office.


7. Where can I go on campus just to talk with knowledgeable staff, faculty and other students about these issues?

That is what the Multicultural Immigrant Student Program is here for! Feel free to ask us whatever question you may have; if we don’t have the answer, we will work with the Multicultural Student Development Offices and Immigrant Student Issues Coalition to make sure your question is addressed.

You can also contact anyone from the Faculty & Staff Resource List below. Each individual listed is committed to supporting immigrant students including undocumented students.


Please click the link that states "Download File" on the right of your computer screen for a updated comprehensive list of on-campus professors and/or staff members that could serve as resources.
ab540_ucbresourcelist.pdf
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