AB 540 Affidavit, Explained

What Is the AB 540 Affidavit?

The AB 540 affidavit is a declaration that allows certain undocumented students to qualify for in-state tuition at California public colleges and universities. It’s based on California Assembly Bill 540, which was passed in 2001. The law applies to students who meet specific eligibility criteria, such as attending a California high school for at least three years and graduating from a California high school or earning an equivalent diploma (like a GED).

This affidavit affirms that the student has been in California for a certain period and intends to seek permanent residency (a green card) or U.S. citizenship. It’s an essential step to access in-state tuition benefits.

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Who Should Submit the AB 540 Affidavit?

Students who meet the following criteria may be eligible to submit the AB 540 affidavit:

• Undocumented or DACA students: Those who are not U.S. citizens, U.S. nationals, or permanent residents.
• Graduates of a California high school: Students must have attended a California high school for at least three years.
• California residents: Students must show that they have lived in California for at least three years before graduating from high school.
• Intend to stay in California: The student must declare their intent to apply for lawful status in the U.S. once eligible.

How to Submit the AB 540 Affidavit

1. Complete the Affidavit: Each California public university and community college has its own AB 540 affidavit form. It is typically available on the school’s admissions or financial aid webpage.
2. Submit with Admissions Application: You will submit the completed affidavit along with your application for admission or during the financial aid process.
3. Provide Additional Forms: Depending on your school, you may need to submit other supporting documents like proof of attendance at a California high school or a transcript showing your graduation.

Supporting Documents Needed

When submitting the AB 540 affidavit, you may need to provide the following supporting documents:

• California high school diploma or equivalent (e.g., GED): Proof of attending a California high school for three years and graduating.
• Transcripts: Provide official transcripts from any schools you attended in California.
• Proof of Residency: If applicable, documents that show you’ve lived in California for at least three years before graduating, such as utility bills, rent agreements, or tax returns.
• Social Security Number or ITIN: If applicable, but this is not required for all applicants.
• DACA or other immigration documents: If you have Deferred Action for Childhood Arrivals (DACA) status or any other form of legal presence, you should include relevant documentation.

When to Apply

You should submit the AB 540 affidavit as soon as you apply to the California public college or university of your choice, or at the beginning of the financial aid process. Many schools ask for this form to be submitted along with your admissions application or after you’re admitted but before the start of your first term.

Be mindful of deadlines for both admissions and financial aid. These deadlines vary by institution, so be sure to check each school’s specific timeline.

Cost to Apply

There is no fee to submit the AB 540 affidavit itself. However, students will need to pay regular application fees for admission to their college or university. Some schools may waive these fees for qualifying students, so check with your institution’s admissions office for details.

What Happens Next?

Once you’ve submitted your AB 540 affidavit and supporting documents, the admissions office or financial aid office will review your eligibility. If approved, you’ll qualify for in-state tuition at California public institutions. You will be notified about the approval as part of your admissions or financial aid package.

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The Bottom Line

The AB 540 affidavit provides an important pathway for undocumented students in California to pay in-state tuition rates and access higher education more affordably. By understanding who is eligible, what documents are required, and when to submit the form, students can take the right steps toward benefiting from this important state law.

For more information, check with the admissions or financial aid office at your California college or university, as each school may have slightly different requirements and deadlines.