 |
 |
NEW CALIFORNIA LAW ALLOWS NON-IMMIGRANTS TO PAY RESIDENT TUITION
IN COLLEGES AND UNIVERSITIES
by Michael J. Gurfinkel, Esq.
Dear Atty. Gurfinkel:
My family and I have been out of status for several years. My
kids are very bright and they want to go to college. My son, who
just graduated from high school in California, learned that in
order to go to college, he has to pay non-resident tuition, which
is almost three times the tuition for citizens and immigrants,
because he is not a "legal" immigrant. I cannot afford to send
my children to college because of the high non-resident tuition.
Is there a way for my son to enrol in college without paying the
high non-resident tuition?
G.M.
Los Angeles
Dear G.M.,
Many people who have not legalized their status, or who are still
awaiting their green cards, have the same worries as you. I know
that for all Filipinos, college education for their children is
of paramount importance. It is truly unfortunate that state laws
prevented many bright students from enrolling in colleges, because
of the very high tuition imposed on "non-residents" because of
their immigration status.
Many of these students were in the public elementary and high
school systems for years. Now that they are ready to go to college,
they find out that they have to pay the much higher non-resident
fees.
Because of these laws, many deserving students were unable to
continue their education. The situation prevented many young people
from obtaining the college education they want, although their
parents paid state and federal taxes for years, and some parents
have become legal residents themselves.
However, there is now good news for students wanting to go to
college. A recent bill signed into law by California Governor
Gray Davis on October 12, 2001, should remove much of the students'
and parents' worries. AB 540 allows certain undocumented students
to pay "in-state tuition" in California state universities and
community colleges. The California legislators have finally realized
that availing college education to more people would benefit the
state and society as a whole. In fact, the Regents of the University
of California have also voted to extend this privilege to students
enrolling at the University of California campuses, such as UCLA,
etc.
To be eligible to pay in-state tuition, the students must meet
the following basic requirements:
1. The student must have attended a California high school for
at least three years;
2. The student must have graduated from a California high school;
and
3. If the student "is an alien without lawful immigrant status",
the student must submit an affidavit to the college stating that
he or she has filed an application for legal status to the Immigration
and Naturalization Service (INS), or will file an application
as soon as he or she is eligible to do so.
Note: "Student information obtained in the implementation of this
section is confidential."
Based on the information you provided, your son may be eligible
to attend a California college or university, without paying non-resident
tuition. Your son could enroll and use the provisions of the recently-approved
AB 540. You don't have to worry about the INS knowing about your
son's immigrant status, because the law specifically states that
all information furnished to the college or university shall be
"confidential".
I know that the passage of AB 540 is a welcome relief for thousands
of parents who have long yearned for their children to obtain
college education, but were unable to pay the high non-resident
tuition required by community colleges and state universities
in California.
However, AB 540 should not lull these people into believing that
they can now sit back and relax, and not worry about their immigration
situation. Remember, the law requires that the student submit
an affidavit that he or she has filed (or will file) an application
to legalize his or her status. This could be accomplished by the
child's parent (as a child under 21 years of age could be legalized
derivatively through their parent, such as if the parent was petitioned
through labor certification). Although the problem of education
for the children is partially solved for now, there is always
the possibility that another anti-immigrant sentiment could lead
to the repeal of the law. There are many other concerns brought
about by their illegal status that they need to worry about, including
the ability to gain legal and well-paying job, driver's license,
Social Security number, and the fear of being discovered and deported.
Legalizing one's status should continue to be a top priority for
people who are not yet in legal immigrant status, not only for
themselves, but more importantly, for their children. I suggest
you consult with a reputable attorney, who can analyze your situation
and help you legitimize your status the legal way.
Back
to Main
|
|
|
