How do I fill out the AB 540 affidavit?

This is general information, not legal advice.

What is the AB 540 affidavit?

It is a short signed form. It asks your college to waive nonresident tuition so you pay the in state price. It is sometimes called the Nonresident Tuition Exemption Request.

Two things ride on it:

• Price. Without it, you pay nonresident tuition, which costs thousands more each year.
• State aid. You must meet AB 540 to get state aid through the CA Dream Act.

The form does not make you a California resident. You stay a nonresident on paper but pay the resident price.

Where do I fill it out?

For most students, inside the CA Dream Act Application. There is a short AB 540 section. The state sends your answers to every California college you list, up to 10.

A 2023 law, AB 1540, says Cal State and community colleges must accept the affidavit you sign there. UC says you do not need a separate affidavit if you completed it in the CA Dream Act Application.

What does it ask?

Have these ready before you start:

1. Your visa status. Most visas, such as F student visas and B visitor visas, cannot use AB 540. T and U visas can. If you are undocumented or have DACA or TPS, you do not hold a nonimmigrant visa.
2. Your California schools. List each high school, adult school or community college that counts toward your three years, with the name, city, start date and end date. Pull old report cards or transcripts so your dates are right.
3. What you finished. Pick the option you finished before your first college term: a California high school diploma, an equivalent like the GED, HiSET or CHSPE, an associate degree from a California community college, or the minimum transfer classes to UC or CSU.
4. Your signature. If you do not have lawful immigration status, your signature also says you have applied, or will apply, to fix your status as soon as you are able.

Answer every question honestly. If a question confuses you, stop and call the Student Aid Commission or ask your Dream Center before you sign.

Is my information safe?

State law says the information gathered for this exemption is confidential (Education Code 68130.5). The Student Aid Commission also says CA Dream Act information is used only for state aid. It is not shared with the federal government and not used for immigration enforcement.

What extra step does UC ask for?

After you accept a UC offer, you turn in a Statement of Legal Residence to the campus by its deadline. Be ready to send official California transcripts and proof that you finished high school.

Do not miss that deadline. If you do, UC says it will not pay back nonresident tuition you were charged. Once you are approved, you do not need to reapply each year, as long as you stay enrolled and your situation does not change.

What about Cal State and community colleges?

• Cal State: CSU's residency page still describes its own Nonresident Tuition Exemption form, sent to admissions with an official transcript. Campuses must accept the CA Dream Act affidavit, but practice varies. San José State, for example, says students who filed the CA Dream Act Application need no separate form but still must send official final transcripts, by the last day of the semester. Other campuses may ask for different things, so email admissions and ask: "I signed the AB 540 affidavit in my CA Dream Act Application. Do you need anything else from me?"
• Pay on time while you wait. CSU's form says asking for the exemption does not change your duty to pay any charges due by the campus deadline before a decision is made (CSU exemption form). If your bill shows nonresident tuition, call admissions right away.
• Community college: ask admissions or the Dream Center which form they want. Many use their own.

What does a filled out school list look like?

Example (fictional, to show the format): Ana moved to Hayward in seventh grade. She went to one high school and one community college summer class. Her school list looks like this:

Her four full time high school years are more than the three she needs. Middle school does not count toward the three years, so she leaves it off. She picks "California high school diploma" as what she finished, and checks every date against her old report cards before she signs.

What if I made a mistake or missed the deadline?

• Mistake on the form. Contact the Student Aid Commission or your college admissions office right away and ask how to correct it. Do not sign a second version on your own.
• Missed the UC deadline. UC says it will not pay back nonresident tuition charged for terms before you turned in the Statement of Legal Residence. Turn it in as soon as you can so it counts for the next term.
• Missed a Cal State deadline. At San José State, a late form applies to the next term. Ask your campus what its rule is.
• Your status changed. If you got a green card or another status, you may become a California resident for tuition after a year. See How do I become a California resident for tuition?

What if I am not applying for aid?

You can still get in state tuition. AB 1540 lets colleges give you their own affidavit if you are not filling out the CA Dream Act Application. Ask admissions for it. Still, we encourage you to file the CA Dream Act Application. It is free and opens the door to grants.

Is AB 540 still in place?

Yes. The U.S. Department of Justice sued California over this law on November 20, 2025. The case is still open. The newest public docket copy we could read runs through April 1, 2026. It shows California's request to dismiss the case waiting for the judge's decision since January 16, 2026. A national case tracker updated October 5, 2026 says "Awaiting order," and we found no news of a ruling as of October 21, 2026. AB 540 is still in effect. Sign on time and keep copies.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Your college's Dream Resource Liaison or Dream Center. Every Cal State and community college campus must have one by state law.
• California Student Aid Commission: (888) 224-7268, studentsupport@csac.ca.gov.
• Free Cash for College workshops across California, October 1 to June 30: cash4college.csac.ca.gov.

Related questions

• Who qualifies for in state tuition in California?
• How do I track my years of school for in state tuition?
• How do in state tuition and the Dream Act work together?

One form, signed honestly, can save you thousands. You earned it. Claim it.