Who qualifies for in state tuition in California?

This is general information, not legal advice.

What are the rules?

You must meet all four (Education Code 68130.5, UC AB 540 page). That is it.

1. Time in California schools. Three full time years, or the same amount part time, at a California high school, adult school or community college, in any mix. Or, if you finished high school early: three years of high school classes here plus three years total in California elementary, middle or high school.
2. Something finished. A California high school diploma or an equivalent like the GED, HiSET or CHSPE. A California community college associate degree also counts. So does finishing the minimum classes to transfer from a community college to UC or CSU. You must finish this before your first college term.
3. Enrolled. You are signing up for, or already in, an accredited California college.
4. One signed statement. If you do not have lawful immigration status, you sign an affidavit. It says you have applied, or will apply, to fix your status as soon as you are able.

Your years do not have to be in a row. Partial years add up.

Do adult school and community college count?

Yes. Since a 2017 law (SB 68), adult school and community college time counts toward your three years. Since January 1, 2023, there is no longer a two year limit on community college credit time. A full time year means:

• High school: a regular full time school year.
• Adult school or community college noncredit: 420 class hours.
• Community college credit: 12 units a semester.

Example (fictional, to show the counting): Tomás came to California at 16. He did one full year at a California high school, then left to work. Later he finished 420 hours of adult school classes toward his diploma, which counts as one full time year. Then he took two semesters of 12 credit units at a community college, which is a third full time year. Once he earns his high school equivalency, he meets the time and completion rules. Partial years count too, so if he had taken fewer units, the time would still add up toward three years (Community Colleges Chancellor's Office advisory).

Need help counting? See How do I track my years of school for in state tuition?

Does my status matter?

Less than people think.

• Undocumented, no DACA: you can qualify. DACA is not required.
• DACA, TPS, U visa: you can qualify. UC and CSU say some of these students can even be classified as full California residents. Ask the residence office.
• T or U visa: you can qualify, even though these are visas.
• Student, visitor and most other temporary visas (F, B and similar): you cannot use AB 540.

Does it make me a California resident?

No. AB 540 waives the nonresident tuition. You stay a nonresident on paper, but you pay the resident price. It also opens the door to state aid through the CA Dream Act.

How much does it save?

A lot. At Cal State, nonresident tuition was $471 a unit on top of regular tuition in 2026 to 2027. For 30 units, that is $14,130 more a year (CSUN catalog). For 2027 to 2028, CSU lists $7,248 in tuition and $498 a semester unit for nonresidents. At Cañada College in San Mateo County, a nonresident pays $441 a unit in all, compared with $46 at the in state price (Cañada College fees).

If you are close but not there yet, see Can I get lower tuition? for free classes and other exemptions while you build your years.

How do I ask for it?

• Every college: sign the AB 540 affidavit in the CA Dream Act Application. The state sends it to the colleges you list. A 2023 law (AB 1540) says CSU and community colleges must accept it.
• UC: after you accept your offer, turn in the Statement of Legal Residence by the campus deadline. Have your California transcripts and proof of graduation ready. If you miss the deadline, UC will not pay back nonresident tuition later.
• CSU: CSU's page still describes its own Nonresident Tuition Exemption form, sent with an official transcript. Practice varies by campus. San José State, for example, says students who filed the CA Dream Act Application need no separate form but must still send official final transcripts. Ask your campus admissions office what it needs from you.
• Community college: ask admissions or the Dream Center which form they want.

What you share for this exemption is confidential under state law.

Do I have to ask again every year?

Usually not. UC says you do not need to reapply while you stay continuously enrolled and your situation does not change. CSU's form says the exemption continues as long as you meet the rules (CSU exemption form). If you take time off or change colleges, ask admissions whether you need to file again. Keep a copy of your approval.

Is AB 540 still in place?

Yes. On November 20, 2025, the U.S. Department of Justice sued California over this law and state aid for undocumented students. 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. Apply on time, and keep copies of everything. Before you enroll, ask your college's Dream Center or admissions office whether anything has changed.

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. By state law, every CSU and community college campus must have one. UC is asked to.
• California Student Aid Commission: (888) 224-7268, studentsupport@csac.ca.gov.
• Your high school counselor for transcripts and the CA Dream Act.

Related questions

• Can I still go to college in California as an undocumented student?
• How do I track my years of school for in state tuition?
• Can I get lower tuition?

You worked for every one of those school years. They count. Claim them.