Troubleshooting Undocumented Student Access to Education
From Korean Resource Center
Frequently asked questions on AB540 and undocumented students' college admissions process.
[edit] Application
[edit] Dealing with Denials
[edit] Financial Aid
[edit] AB540 Eligibility
[edit] Private Schools
[edit] Other Aspects
[edit] Case StudiesUndocumented students face many hurdles in attending college. While there is the AB540 law in California and there are hopes for the DREAM Act, undocumented students are often given misleading information and discouraging words from school and admissions counselors. This section documents various problems faced by undocumented students served at the Korean Resource Center and their solutions. [edit] UC System SSN Request  AB540 students applying to the UC system will receive a form letter during December from the "University of California Undergraduate Application Processing Service" (P.O. Box 4010, Concord, CA 94524-4010). This letter can be ignored, as it is a formality. Students get their admissions decisions later on regardless of responding to this letter. The following is a quote of the UC Office of the President:
[edit] UC Application Acknowledgment LetterThis is what the letter looks like: University of California Undergraduate Application Acknowledgment 12/01/06 DF Dear Applicant, We are pleased that you have chosen to apply to the University of California. Please verify the accuracy of the information shown on this page, follow all instructions, and be sure to read the reverse side of this form. It is important for you to keep a copy of this form for your records. You must refer to your Application ID Number when contacting the University about your admission application. Keep this number secure; it is unique to you and allows you to access your confidential information. Application ID Number: XXXXXX
You have applied to the following campus(es) in the major(s) indicated below. If an asterisk (*) prints next to your campus choice, your application has not been sent to that campus for review. If any critical item is missing, your application has not been sent to any campus for review.
[edit] UCSD's Attempt to Deny Admissions to Visa Overstayers (2007)During the Summer of 2007, UCSD was rejecting AB540 applicants on the basis that those who let their visas expire will not be able to legalize. The Korean Resource Center, in collaboration with LAFLA, NILC and NAKASEC, had these students admitted without an appeals process. If you are facing a similar issue, please contact Yongho Kim at yk@krcla.org or 323-937-3718. Below are emails that students have received from UCSD: [edit] SLR Additional Information Request LetterDear Student, Thank you for submitting your Statement of Legal Residence information to UCSD for FALL. 2007, however, the following information is needed to determine your residence classification for tuition purposes. Failure to submit all requested information by the deadline will generate nonresident registration fees and you will not have the opportunity to appeal after the final deadline of MAY 31, 2007 All relevant information, requested documentation, written explanations, and clarifications that are not made available to the residence deputy by the student prior to deadline will not be considered or reviewed by the legal analysts if you chose to appeal the final determination, . PLEASE SUBMIT COPIES OF ALL THE FOLLOWING ITEMS FOR YOU AND YOUR CA RESIDENT PARENT: Explain in writing circumstances of missing documents & other details that contribute to your California ties and/or reasons for any absences from CA in the past year.
MAIL TO: Donna DeAngelis-Blaine, Residence Deputy [edit] SLR Follow-Up LetterDear Student; Thank you for submitting your Statement of Legal Residence information to UCSD for FALL 2007. Although you claimed to be a nonresident you have also stated your status in the U.S. is NONE currently and that you wish to take advantage of the AB540 waiver of nonresident fees. You need to submit the following information before the AB540 waiver request. Failure to submit all requested information by the deadline will generate nonresident registration fees and you will not have the opportunity to appeal after the final deadline of MAY 31, 2007. All relevant information, requested documentation, written explanations, and clarifications that are not made available to the residence deputy by the student prior to deadline will not be considered or reviewed by the legal analysts if you chose to appeal the final determination. PLEASE SUBMIT COPIES OF ALL THE FOLLOWING ITEMS FOR YOU AND YOUR CA RESIDENT PARENT: Explain in writing circumstances of missing documents & other details that contribute to your California ties and/or reasons for any absences from CA in the past year.
MAIL TO: Donna DeAngelis-Blaine, Residence Deputy [edit] Nonresident Determination EmailFrom: Residence Deputy Dear Applicant; You have been classified as an International Nonresident of California for tuition purposes for the Fall 2007 Quarter. The decision is based, in part, because you have stated your current status is a lapsed B2 and and your parents’ immigration status is a I-140 pending which means you are precluded from being considered a resident for tuition purposes. You are also not eligible for the AB540 waiver due to your current non-immigration status. The AB540 waiver requires you to sign an affidavit stating that if you are a non-citizen without lawful immigration status, you have filed an application to legalize your immigration status or will file an application as soon as you are eligible to do so and you typically would not be eligible to file an application to legalize your status if you have allowed your previous USCIS status to expire. If you wish to appeal please follow the instructions below. APPEAL INSTRUCTIONS All appeal letters must be initiated by you within 30 days of the date you were given notification of the San Diego campus decision. After 30 calendar days, you forfeit the right of appeal. Write a letter of appeal to:
Include in the letter of appeal, your name, student ID#, quarter and campus you were accepted, current address, and why you feel you are eligible for the benefit as a resident for tuition purposes and/or that you wish to be approved for the AB540 waiver. Please notify the residence deputy that you wish to appeal so your file can be sent. The appeal process may take anywhere from two weeks to two months depending on workload and the specifics of your case. Because of this, it is important to initiate the appeal promptly and provide any and all documentation which supports your contention of residency. If your appeal is approved, the Residence Deputy will correct the fees to reflect resident registration fees. Donna DeAngelis-Blaine, Residence Deputy [edit] Offensive EmailI suggested an AB540 applicant to ask if it is necessary to submit the appeal letter, and why did the applicant need to be file an appeal in the first place. In a response email, the Residence Deputy wrote rudely, writing in big and bold fonts, which in speech is equivalent to shouting at the reader.
[edit] Sample Appeals LetterJune 5, 2007 (Your Address) RE: Nonresident Determination Decision To Whom It May Concern: my name is Hong Kildong and I am the parent of Hong Chulsoo (Student ID# 1234567), who was accepted to the University of California San Diego for the Fall of 2007. I believe that my child is entitled to an exemption to nonresident tuition according to the California Education Code § 68130.5. (commonly called A.B. 540). The Education Code states:
Chulsoo meets all four requirements. She: 1) attended a California high school for more than three years and However, I was e-mailed by UCSD's Residence Deputy, Miss Donna DeAngelis-Blaine, that Chulsoo is not eligible for the AB540 waiver because "you typically would not be eligible to file an application to legalize your status if you have allowed your previous USCIS status to expire". It seems that UCSD is saying that my child does not qualify for the fourth requirement, that of signing the affidavit. UCSD seems to assume that 1) it is required to show proof of ability to legalize in order to qualify for AB540; UCSD's decision seems mistaken at two levels. First, the fourth requirement does not specify that the student should have the ability to legalize, but simply promise that he will file an application as soon as he is eligible to do so. So I don't see in what aspect UCSD thinks that my child is ineligible for the AB540 waiver. This should be enough to prove my point. Second, even if the reason UCSD stated were to be necessary to qualify for the AB540 waiver, it is not true that my son is not eligible to apply for legalization. While I am not an attorney myself, I can think of two easy circumstances under which Chulsoo would be eligible to legalize his status. One is marriage with a U.S. Citizen, and the other is the eventual passage of the DREAM Act. (Currently S. 774 and H.R. 1275) Most AB540 students, regardless of whether they have allowed their previous USCIS status to expire or whether they have crossed the border without authorization, are able to legalize their status through one of these two ways. The DREAM Act is slightly different in its House and Senate versions, but the basic requirements are similar: 1) proof of having arrived in the United States before reaching 16 years of age; A student who meets these requirements would be eligible to apply for a temporary six year conditional residency permit, which would allow them to live, study and work in the United States. My child meets all four requirements, and therefore would be able to obtain a temporary status upon the enactment of the DREAM Act. I therefore question & appeal to UCSD's decision to deny the AB540 waiver to Saem Choi, given the above explanation. I also ask that UCSD stops making AB540 students go through this troublesome appeals process for frivolous reasons such as the one cited above. I can be reached at (123) 456-7890 or email@domain.com for any questions. Sincerely yours,
(Your Signature) [edit] ResolutionAttorney Fred Takemiya of the University of California General Counsel stated the following on July 27th of 2007:
With this, all 300 students were admitted again.
[edit] UCI SLR IncompleteUCI may send a letter requesting further information from the student upon completing the SLR. It suffices to send back an AB540 form. Then UCI will notify the student s/he is not a resident, but qualifies for the AB540 exemption. [edit] Further Information RequestUNIVERSITY OF CALIFORNIA, IRVINE 5/16/2007 DEADLINE TO RESPOND: June 15, 2007 Effective Term: Fall 2007 SID#: 1234567890 RE: RESIDENCE CLASSIFICATION FOR TUITION FEE PURPOSES AT UC IRVINE Your Statement of Legal Residence is either incomplete or more information is required before a residence determination can be made. All new and returning students (those absent for three or more consecutive terms) arc classified as nonresident until a completed Statement of Legal Residence and any additional requested information or documentation is received and eligibility is established. If you believe you should be classified as a resident, please return a copy of this letter, the following page and any additional information or documents" requested. You should print your name and student ID# on ALL of your documents and send them to: Office of the Registrar / SAIS If a written reply and the requested information/documentation (or an explanation of why you were not able to provide it) are not received by the above posted deadline, I will assume that you have no additional information 10 provide with regard to your residence Classification, and your status will remain nonresident. Sincerely, Matthew Vierra Residence Deputy
You have indicated that you and your mother are not U.S. citizens and have no current legal U.S. visa or immigration status to report. If this Is Indeed correct, please provide a written statement below: If you and your mother possess a valid U.S. visa or Immigration status covering the period from September 26, 2006 to September 27, 2007, please provide photocopies of:
Office of the Registrar and Student Academic Information Systems [edit] Nonresident Classification and AB540 Exemption NoticeJune 14, 2007 RE: RESIDENCE CLASSIFICATION FOR TUITION PURPOSES AT UC IRVINE. After reviewing your Statement of Legal Residence and all documents filed in conjunction with it for the quarter, I am sorry to inform you that you have been determined to be a NONRESIDENT for tuition purposes. University residence regulations require that a student be a bona fide resident of California for more than one year- immediately preceding the residence determination date of the term residence classification is requested, Residence can be established or changed only by the union of act and intent. The act alone is insufficient; the intent alone is insufficient. The act necessary to establish residence is physical presence in California. The intent to make California the permanent home is a subjective clement, which is objectively manifested through legal tics established with the state of California. University residence regulations require that a student who will not reach the age of 24 by December 31st of the calendar year of the term for which classification as a resident is requested, and who is not dependent upon a California resident parent, demonstrate financial independence in addition to meeting the 366 day physical presence and intent requirements when seeking classification as a resident for tuition purposes. Students under age 24 must demonstrate either that their parents arc residents of California or that they have been self-sufficient for a period of two calendar years prior to the term residence classification is requested. A resident is defined as a financially independent adult U.S. citizen or eligible alien who is present in California with the intent to make California the permanent residence and who has manifested that intent by abandoning all residential ties with the former state of residence, establishing those ties with California and thereafter residing in California for a duration of more than one year immediately preceding the residence determination date for the applicable term. Parents qualify as residents through the same combination of physical presence, intent and duration as described above. An adult alien may establish a residence in California for tuition purposes if s/he is legally present in California in a status that allows her/him to he domiciled in the IJ.S. for more than one year immediately preceding the residence determination date of the term residence classification is requested, The residence determination date for fall 2007 is September 27,2007. You have not documented that you have been present in California in a legal status allowing you to be domiciled in the U.S. for more than One year immediately preceding the residence determination date. I f you wish to appeal your nonresident classification, please send a letter of appeal within 30 days of the date of this letter to: Legal Analyst-Residence Matters In your letter, include your student ID# and indicate the campus and term for which you were denied. You should also outline the basis of your appeal in your letter and include any additional information Or documentation that supports your case. The Office of the General Counsel will then review a copy of your file', and make a final determination regarding your residence status. If you have questions regarding the appeal process, please call (949) 824-6129. Although you have been classified as a nonresident, you have been determined to be eligible for exemption from the nonresident tuition as an eligible California high school graduate. You will remain classified as a nonresident; however, the nonresident tuition and fee will be waived for each term of your attendance. Sincerely, Matthew Vierra Residence Deputy 1 Statement of Legal Residence and all other documents filed for the purposes of residence classification. Offlce of the Registrar and Student Academic Information Systems |
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