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Access to Public Education GuideUn lock ing the K ey to Our Na t ion s Fu tu r
National Korean American Service and Education Consortium * www.nakaseKorean Resource Center * www.krc
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Unlocking the Key to Our Nations FutureAccess to Public Education Guide1
Investing in the education of young people is the key to Americas prosperity
Korean Resource Center (KRC)National Korean American Service & Education Consortium (NAKASEC)
May be copied for personal, noncommercial use2008 All other rights reserved
1DISCLAIMER: this material is composed of information of a general nature that does not constitute a professional
nor legal opinion. If you require specific advice, you should resort to a duly qualified professional. KRC or NAKASECwill not assume any responsibility for the information contained in this material.
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TABLE OF CONTENTS
INTRODUCTION
How immigrants students become undocumented .......5Rights of immigrants based on immigration status ... 7
Barriers undocumented immigrant students face ...... 8Who are undocumented immigrant students? .. 9
KINDERGARTEN TOGRADE12
Enrolling your child in school .10Right to K to 12 public education and related immigration laws...... 12Non-visa holding/undocumented immigrant studentsWhat schools can & cant doRecommendations for public schoolsLegal foreign students
POST-SECONDARYEDUCATION
California residency requirements ..... ..17Education rights for undocumented immigrant students ....... 18California in-state tuition (AB540) . 19Basic guidelines for undocumented immigrant students ..... 21Financial aid ... 23
PROPOSED FEDERAL&STATE LEGISLATION AND POLICIES...24THE BIG PICTURE
..................................................................................................27
APPENDIX
California non-resident tuition exemption request form (AB540 Form) ......28
SOURCES.....29
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INTRODUCTION
The prevailing public perception is that Asian American& Pacific Islander (AAPI) students excel in school andface few barriers. This model minority myth aboutAAPIs is misleading and results in policymakers focusingless attention on their needs.1 In particular,undocumented AAPI students are facing more difficultiesthan ever in exercising their right to public education and,for post-secondary students in California, in-state tuition.This problem is largely the case of a troubling increase inthe number of public schools as well as universities andcolleges denying undocumented immigrant students theireducational rights because of a misinterpretation of theexisting laws and often anti-immigrant sentiments.
(KRCs youth deliver DREAM Postcards to Xavier Becerras office in the
Summer of 2007)
Education is a chief determinant of ones success and quality of life. Census data shows that a high
school graduate will earn $1.2 million in a 40-year span, compared to $2.1 million for a person with a
Bachelors degree, and $2.5 million for a person with a Masters degree.2 Dropouts are more likely
to be unemployed, and for those who work, pay is low, advancement is limited, and health insurance
is less available.
States who contribute significantly to elementary and secondary schools also see net returns; from amarked decrease in income inequities and poverty rates to a reduction in crime rates.3 According to
research conducted by the University of California, Berkeleys Survey Research Center, every dollar
put into post-secondary education is expected to result in a net benefit of three dollars. For
example, education enables states to earn more tax revenue and spend less money on social services
and prisons due to reduced crime rates.4 Moreover, the failure to graduate results in tremendous
economic losses for states as well as individuals; in 2002-2003 alone, dropouts cost California $14
billion in lost wages.5
NAKASEC and its affiliates hold true to the belief that investing in the education of young people is
the key to our nations prosperity and that access should be provided to all. This guide was
produced in response to a growing number of cases that NAKASEC and its affiliates received of
students being denied admissions to public education institutions and in-state tuition. Intended to
help students, parents, and individuals who work and advocate for immigrant students, this guide
provides an overview of the U.S. education system, information about California state law as it
governs public education, and an in-depth analysis of current immigration laws that affect an
immigrant students educational rights.
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HOW IMMIGRANT STUDENTS BECOME UNDOCUMENTED
America is in the midst of a national crisis with immigration. Todays
immigration system is dysfunctional and unworkable with 12 millionundocumented immigrants working and living in the shadows;
millions more caught in the family immigration backlogs; employers
unable to fill the growing labor demands with the current workforce
alone; hundreds being deported daily; and thousands dying at the
borders in their pursuits of better lives.
While Americans were awakened to the immigration problem following the mass mobilizations of
immigrants in 2006, what is less widely known is the impact of the broken immigration system on
Korean Americans and AAPIs. Korean American and AAPI families are commonly a mix of U.S.citizens, lawful permanent residents, and non-immigrants who work, study and live in America. And
various segments of our community have been most directly impacted by the failures of the
immigration system.
Family sponsorship is the most common way Korean immigrants are admitted into the U.S. In
2004, 56% of Korean arrivals were sponsored by their families. Yet the current immigration
backlogs has meant that U.S. citizens and lawful permanent residents must wait years, sometimes
even decades, in order to reunite with family members in the U.S. Most recent reports indicate
upwards of 1.5 million AAPIs (including 77,000 Korean Americans) are caught in the family
immigration backlogs.6
For example, a U.S. citizen parent petitioning for an unmarried adult son ordaughter from Korea and China must wait approximately six years before s/he can immigrate to the
U.S. A U.S. citizen petitioning for a sibling from India must wait approximately 11 years before
s/he can immigrate to the U.S. If the sibling is from the Philippines, the wait is approximately 22
years. These backlogs, including the rise in naturalization backlogs, result in the lengthy separation
of family members and contribute largely to the growing population of undocumented
immigrants.7 In other words, many AAPI family members must choose between enduring the
agony of waiting indefinitely to be reunited with family members or becoming part of the growing
population of undocumented immigrants in the U.S. Most AAPIs become undocumented by
overstaying their visas.
Undocumented immigrant students generally enter the U.S. at a young age with their parents.
Knowing no other home but the U.S., they grow up speaking English and become fully integrated
into American society. With the exception of students who are denied admissions into K-12
educational institutions, most do not know they are undocumented until they begin looking for part-
time employment or file post-secondary admissions forms. In realizing that they lack
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documentation or any way of legalizing their status, immigrant students see the road to their futures
blocked before them.
Although federal and state laws clearly protect undocumented immigrant student access to public
education (from K to 12 to higher education), these cases of admissions denials will continue until
the immigration system is fixed. For this reason, public education access must be seen within the
larger perspective of immigration reform. Until Congress passes just, humane and workable
immigration reform laws enabling undocumented immigrant students to adjust their status, there will
be governmental agencies as well as individuals who will carry out harsh enforcement measures that
harm immigrant communities that include the criminalization of immigrants, raids at workplaces &
homes, and the denial of basic rights, including the right to drive or attend public schools.
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BARRIERS UNDOCUMENTED IMMIGRANT STUDENTS FACE
Undocumented immigrant students in California face an uncertain future with
one out of two unable to graduate from high school. Of those, less than halfwill go on to college and only fifteen percent will earn a degree.8 Why?
Denial of K-12 education: In spite of the landmarkSupreme Court decision in Plyler v. Doe, guaranteeing the rightto K-12 public education, many school systems in the countrydeny access to undocumented immigrant students as standardpractice, either due to misinterpretation of this law and/oranti-immigrant sentiments (For more information, see WhatSchools Can Do & Cannot Do on page 12).9
Denial of in-state tuition: Ten states includingCalifornia, Illinois, and New York have adopted lawspermitting qualified undocumented immigrant students toreceive in-state tuition. Unfortunately, a significant numberof these students forego higher education for financial reasonsbecause their high school counselors/teachers and parents arenot aware of such in-state tuition laws. Furthermore, publicinstitutions of higher learning have wrongly denied in-statetuition to hundreds, potentially thousands, of qualifyingstudents.
Denial of admission to post-secondary educational institutions: Undocumentedimmigrant students have been denied admissions to colleges and universities, because schoolsare interpreting federal law erroneously. For example, some California community colleges areexpanding application of federal law, which prohibits current traveler visa (B1 and B2) holdersfrom entering schools, to undocumented immigrant students who have expired visas. 10Recently, the North Carolina Community College System reversed its open-door policy thatallowed undocumented immigrant students to pursue college degrees. This was despite astatement from the Department Homeland Security (DHS) which states that it does not requireany school to determine a students status.11
Lack of financial resources: Due to limited economic opportunities, moreundocumented immigrant family members live in poverty. Students from low-incomehouseholds must juggle an extra job(s) in order to contribute to the family income and financetheir schooling. College-bound undocumented immigrant students have an additional hurdle
because they are ineligible to receive federal government aid, such as Pell grants and loans, orstate benefits such as Cal Grant awards.
Uncertain future: Many undocumented immigrant students struggle with understandablefeelings of hopelessness or depression because of the tremendous barriers they must overcometo realize their educational goals. For those able to graduate, they face the prospect of beingunable to work in the field of their study or choice. They also live in real fear of being detectedby immigration authorities and subsequently detained and deported to countries that are
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unfamiliar to them. These feelings may inhibit a student from excelling or even lead them todrop out of school.
WHO ARE UNDOCUMENTED IMMIGRANT STUDENTS?
Based on the 2008 report from the Department of Homeland Security (DHS), it is estimated
that there are about 12 million undocumented immigrants. There is, however, no official
national research data on how many undocumented immigrant students are in the U.S. The
Pew Hispanic Center, a nonpartisan research organization, estimates that there are 1.8
million undocumented immigrants under 18 years of age living in the U.S.12 It also reports
that 40% of those undocumented immigrant students live in California. 13 The following is
more information about undocumented immigrant students.
About 80,000 undocumented immigrants turn 18 years of age every year, but 16-20% drop out
from high school. As a result, roughly 65,000 undocumented immigrant students who have lived
in the U.S. five years or longer graduate from high school every year.14 In 2001, between 5,000
and 8,000 undocumented immigrant students in California graduated from high school.15
Approximately 1.5 million of the estimated 12 million undocumented immigrants living in the
U.S. are AAPIs.16 One out of five Korean Americans are undocumented.17
AAPI students make up 40-44% of the undocumented undergraduate population within the
University of California system, and between 55-60% of them are AB540 recipients. 18 KoreanAmerican undergraduate and graduate students make up over 50% of potentially
undocumented recipients of AB540 among all AAPI ethnic groups.19
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KINDERGARTEN TO GRADE 12
Children regardless of their immigration status have the right
to public education with limited exceptions.
Enrolling Your Child in School
The United States has compulsory school attendance laws. All children between the ages of five to
sixteen are required to attend school in most states. For example, in California, children below
sixteen years of age must attend school full time.
HOW MOST U.S. SCHOOLS ARE ORGANIZED
Elementary SchoolKindergarten to Grade
5Ages 5 to 10
Junior High School
Grade 6 to 8Ages 11 to 13
Secondary or HighSchool
Grade 9 to 12Ages 14 to 18
Post-secondary orHigher Education:
Community Colleges,Universities, or Trade
Schools
Kindergarten: Kindergarten attendance is not required by law in California, but parents have
the right to enroll their children in public kindergarten once they have reached the
appropriate age. Schools must admit children who have reached five years of age on or
before December 2 of that school year. Admission must occur at the beginning of the school
year or whenever a student moves into the school district.
Elementary School: In most states, including California, in order to enter public school at
the beginning of the school year (September), a child must reach six years of age on or before
December 2 of that year. Children enrolling in public school after completing one year of a
private kindergarten may be admitted to first grade at the discretion of the district.
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In order to enroll your child in a California school, you may need to present the following
documents and no other substitutes20:
Student medical records:Students entering kindergarten will need a total of five
DTP (diphtheria, tetanus, and pertussis) immunizations;four polioimmunizations; two MMR (measles, mumps, and rubella) immunizations; three
hepatitis B immunizations; and one varicella (chicken pox) immunization.
Students entering seventh grade must show proof of three hepatitis B shots and a
second measles (or MMR) shot;
Documents that show your childs name & age:A birth certificate or
passport, baptism certificate duly attested. When none of the foregoing is
obtainable, an affidavit by the parent, guardian, or custodian of the minor or any
other appropriate means for proving the age of the child; and
Proof that your child lives in the school district:School district residents mustprovide a current utility bill (such as gas, telephone, water, garbage, or cable TV),
close of escrow papers, or recently signed rental/lease agreement (with name,
address and telephone number of lessor). The parent/guardian must provide
proof of residency as determined by the district, along with an Affidavit of
Residence Form for each subsequent year.
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RIGHT TO KTO 12 PUBLIC EDUCATION AND RELATED IMMIGRATION LAWS
NON-VISA HOLDING/UNDOCUMENTED
IMMIGRANT STUDENTS
The U.S. Supreme Court in Plyler v. Doe, 457 U.S. 202 (1982),
invalidated a Texas law authorizing school districts to bar
undocumented immigrant students from public elementary and
secondary schools. The Court stated that undocumented immigrant
students have the same right to free public education as U.S. citizens
and legal permanent residents under the Fourteenth Amendment.21
Undocumented immigrant students are obligated, as are all other
students, to attend school until they reach the age mandated by state
law. Further, public schools and school personnel are prohibited
under Plylerfrom adopting policies or taking actions that would
deny student access to education based on their immigration status.
What Schools Can Do & Cannot Do:
As a result of the Plylerruling, public schools may not:
deny admission to a student during initial enrollment or at any other time on the basis of their
immigration status;
treat a student differently to determine residency;
engage in any practices that chill the right to access public school (e.g. school officials are
not allowed to require children or their parents to prove their legal status);
require students or parents to disclose or document their immigration status;
make inquiries of students or parents that may expose their undocumented status;
deny participation in programs based on their immigration status; andrequire Social Security numbers from all students, as this may expose undocumented status.
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Recommendations for Public Schools:
Public Schools should:
act to preserve the right of access to public
education;
assign a school-generated I.D. number;allow participation in special programs including
bilingual education, special education, Head Start,
etc.;
be aware that they have no legal obligation to
enforce U.S. immigration laws; and
provide language access services to Limited English
Proficient families, such as interpreters for parent-
teacher conferences.
LEGAL FOREIGN STUDENTS
(STUDENTS WHOSE IMMIGRATION STATUS ARE KNOWN)
Currently, the Plylerdecision stands as good law and prohibits
the exclusion of undocumented immigrant students from
public elementary and secondary schools; in the case of legalforeign students, however, the federal government expressly
allows the exclusion of legal foreign students from public
schools.
F-1 visas (student visas)
In 1996, Congress passed a law that restricted legal foreign students with F-1 visas from admissions
to U.S. public elementary and secondary schools.22 Under current federal law, students with F-1
visas are:
prohibited from attending public elementary schools or publicly-funded adult educationprograms;
limited to twelve months of secondary school attendance; and
required to pay the secondary schools the full, unsubsidized cost of education (The full,
unsubsidized cost of education is the cost of providing education to each student in the
The Privacy of the Students
Files is Guaranteed by Law
The Family Educaon Rights andPrivacy
Act (FERPA)(1974) prohibits schools from
providing anyoutside agency, including
the DepartmentofHomelandSecurity
(DHS) or U.S. CizenshipandImmigraon
Services (USCIS), with anyinformaon
from a students schoolfile thatwould
expose theirimmigraon status without
first receiving permissionfrom the
parents. The only excepon is whenan
agencysecures a courtorder(subpoena).
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school district where the public school is located. Costs normally range between $3,000 and
$10,000).
The above restrictions apply to these legal foreign students with F-1 status who:
need an I-20
23
to study in the U.S.;leave the United States and want to return to continue their studies; and
want to transfer from a private school or program into a public school.
The restrictions do not apply to the following legal foreign students with:
another visa status, such as J-1 (foreign exchange), J-2 (dependents of J-1) , F-2 (dependent
of F-1), L-1 (visa available to employees of an international company with offices in both a
home country and the United States), M-2 (defendant of M-124), G-4 (visa granted to officers
or employees of international organizations and members of their immediate families), or
students whose parents are in the U.S. as diplomats or researchers;F-1 status who attend private schools, training or language programs;
F-1 status who were attending public schools when the law came into effect on November 30,
1996; and
expired F-1 visas.
Special restricon on B visa (visitor visa) holders
Federal law does place restrictons on other types of visas which are not
designated as student visas. For example, prior to September 11, 2001, there
were no restrictons placed on B-1 visa holders25 who enrolled in a course of
study. However, in 2002, the federal law changed26 so that a student holding a
B-1 visa who aempts to enroll in a public elementary or secondary school in
the U.S. would be in violaton of the terms and conditons of her/his visa. This
law, however, does not have any impact on undocumented immigrant students
(e.g. students who became undocumented by overstaying her/his visa).
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Student visa categories which lawfully permit legal foreign students to attend public school:
Aside from the previously mentioned F-1 and B-1 visa categories, there are several other visa
categories under which the vast majority of non-citizens and their children enter the U.S. If a
student has obtained one of these visas which lawfully permit her/him to attend public school, s/he
may not be denied a public education and may lawfully attend her/his school. Below is a
description of the student visa categories which summarizes restrictions on public education.
SUMMARY OF K-12 EDUCATION ELIGIBILITY BASED ON VISA STATUS
?loohcScilbuP21otKroFelbigilEepyTasiV
F-1 visa is a non-immigrant visa issued to alegal foreign student who is coming to the U.S.to purse full-time studies in a U.S. academicinstitution
No, unless one limits study at a public school to1 year and pays full reimbursement for the totalcost of the education ahead of time
B-1/B-2 visa is issued to a legal foreign
visitor having residence in a foreign countrywhich s/he has no intention of abandoning andwho is visiting the U.S. temporarily for businessor pleasure.
No, unless one obtains an F-1 or M-1 studentvisa.
Derivative visa is issued to dependents ofprimary visa holders.
Yes. Student studying on derivative visas, suchas F-2, J-2, H-4, or L-2, are not affected bycurrent restrictions.
All other immigrant visas: A, E, G, H-1,J-4, K, L, N, NATO, O-1, O-3, R or V.
Yes. Once students immigrant status has beenverified, the student may then establish stateresidency by meeting the residency criteria.
Undocumented immigrants
Anyone who came to the U.S. withoutinspection or overstayed her/his visa.Pending beneficiaries under 245(i) and theirfamilies who have not been able to obtain legalstatus or adjust their status.
Yes, under Plyler.
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Post-secondary Education
Post-secondary education includes any education beyond secondary
school. This includes community colleges, vocational training, four-year
colleges, online colleges, graduate and professional schools such as
medical school and law school. In California, there are three kinds of
public institutions: University of California (UC) system schools,
California State University (CSU) system schools, and community
colleges. UC and CSU systems offer 4-year programs that offer some
Bachelors degrees. Given the great difference in tuition, some students
choose to attend a community college and plan on transferring to a 4-year
college later to save money.
TYPES OF DEGREES AVAILABLE AT POST-SECONDARY INSTITUTIONS
Degree School Years of Schooling
Certificate Community College/ Trade School Six months to two years
Associates Community College Two years
Bachelors Four-year College or University Four years
Masters University Two years
Doctorate University Two to eight years
Professional Specialized School Two to five years
FORU.S.CITIZENS AND LPRS, the admission process is straightforward. You apply, get accepted,
choose your school, and enroll in classes. U.S.CITIZENS,LPRS, AND CERTAIN NON-
IMMIGRANT/IMMIGRANT VISAHOLDERS (see CALIFORNIA RESIDENCE REQUIREMENTS for more
information) can get in-state tuition if s/he satisfies residence requirements under California law.
LEGAL FOREIGN STUDENTS coming from abroad to attend college in the U.S. may have student
visas. Each student obtains an I-20 from the college and uses this document to apply for a F visa at
a U.S. consulate. Upon receipt of a F visa, s/he may enter the U.S. and begin college studies.
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9
9
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CALIFORNIA IN-STATE TUITION (AB540)
With the passage of AB540 (codified as Cal. Educ. Code 68130.5) in
2001, qualified UNDOCUMENTED IMMIGRANT STUDENTS can pay in-state tuition rates at California public colleges and universities
(NOT private schools).
ASIGNIFICANT DIFFERENCE BETWEEN IN-STATE AND OUT-OF-STATE TUITION RATES IS
BELOW:
In-State Out-of-StateCalifornia Community College $20/unit $173/unitCalifornia State University $3,200/year $13,454/year
University of California $9,142/year $ 24,103/yearPrivate College/University Does not provide in-state tuition/
$ 19,000 -36,000/year(e.g. University of Southern California (USC),Pepperdine, Loyola, etc.)
(The tuition rates are based on 2008 data, and the rates may differ between schools.)
REQUIREMENTS FORAB540ELIGIBILITY INCLUDE THE FOLLOWING (see Appendix for asample AB540 Form):
(To download a AB540
guide, please visithttp://krcla.org/ko/Ab
540)
Attend a high school in California for three or more years (non-consecutive);
Graduate from a California high school, receive a high school equivalencycertificate issued by the California State GED office or receive a Certificate ofProficiency;
File the AB540 nonresident tuition exemption request form and sign theconfidential affidavit included with the form stating that the student will applyfor legal residency as soon as possible; and
Not be a non-immigrant holding a visa in one of the following categories: A,
B,C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, TN, TD, and V, and TROVand NATO.
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AB540 eligibility requirements do not explicitly include
state residency. Under the law, undocumented immigrant
students are NOT required to:
show a state-issued ID or Social Security number toapply for admissions to a California college or
university;
pay out-of-state fees to enroll in a California collegeor university if they qualify for AB540; or
show proof of legal residency status or proof ofapplication pending for legal residency status forthemselves or their families.
If an undocumented immigrant student satisfies AB540
eligibility requirements, all s/he has to do is to complete the
AB540 form - the California Nonresident Tuition
Exemption Request- and send it to the college. For more
information on how to apply for AB540, check out KRCs
An Introduction to AB540 pamphlet, available online at
http://krcla.org/en/ab540.
IN-STATETUITION:WHO QUALIFIES FORIN-STATE TUITION RATES IN CALIFORNIA?
Status Eligible for in-state tuition?
UNDOCUMENTED IMMIGRANT STUDENTS
who attended three or more years and graduated
from a California high school or took the GED.
YES, they qualify for in-state tuition rates based on
AB540.
IMMIGRANTS AND CERTAIN NON-
IMMIGRANTS who are not precluded from
establishing residency in the U.S. Those non-
immigrants are: : A-1, A-2, A-3, E-1, E-2, G-1,
G-2, G-3, G-4, H-1, H-4, I, K-1,K-2, K-3, K-4,
L-1, L-2, N-8, N-9, NATO-1 thru NATO-7, O-
1, O-3, Q-2, R-1, R-2, S-5, S-6, T, T-1, T-2, T-3,
T-4 and V-1, V-2, V-3 visa holders.*
They MAY qualify for in-state tuition rates AS LONG AS
the student can prove residency29 under state law and
immigration status (must consult an immigration attorney
if you are not residing in California).
NON-IMMIGRANT VISA HOLDERS such as F, J
and B.
NO, they need to pay out-of-state tuition rates and may
need to change visa type (must consult an immigration
attorney).
Applying for AB540 Can Expedite
Your Admissions Process!
AB540 is a well-recognized law - during
the 2005-06 academic year, 1,483
students in the UC system were receiving
AB540.
While some schools may not know how
to process an undocumented college
applicant, almost all have protocols for,
or experience, processing AB540
applicants, because it is codified by law.
Things will be smoother once the school
is aware that you will request the AB540
exempton.
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BASIC GUIDELINES FOR UNDOCUMENTED IMMIGRANT STUDENTS
While it is possible for undocumented immigrant students to attend post-secondary educational
institutions, most of the higher education system was not designed with these students in mind;
applications have dozens of questions that dont apply to these undocumented immigrant students,admissions officers will assume the student is a citizen, LPR, legal foreign student, and so on. There
are a couple things undocumented immigrant students should keep in mind when applying for
colleges:
Do not lie. Students feel confused when asked to list their immigration status on the
application, but none of the choices are undocumented, and often choose Permanent
Resident or I am in the process of becoming a Permanent Resident. Lying about
immigration status could make the student deportable, and may count against her/him if there
is a future opportunity for legalization.
Whenever possible, do not mention or show evidence that you are undocumented. If
the student qualifies for AB540, her/his best option is to keep saying, I am an AB540
student, to all questions about her/his status. This will make the process less troublesome.
Watch out for signs showing that the admissions office is categorizing the student as an
international student (legal foreign student). When this happens, try to rectify it. The
student may have to say that s/he is undocumented.
How to file applications
Filing the college admissions application is
similar to any other application. If an
undocumented immigrant student is
applying to a public university, s/he
should file the domestic (U.S. Citizen)
student application. For private colleges,
its easier to file the international (legal
foreign) student application.
On most applications, there will be ahandful of questions about the students
immigration status. Some examples are
What is your SSN? and What is your
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visa status? Do not answer these questions: leave them empty.
Online applications are hard to complete because schools use an automated system that refuses
blank answers. At the UC system, an undocumented immigrant student can choose No Selection
as her/his country of citizenship, and then the system allows other fields to be left empty. Use your
best judgment in deciding which questions to skip. Ultimately, if the online application does notwork, file the paper application.
Talking with admission officers
If an undocumented immigrant student applies to community colleges, the schools may require the
student to appear in person at their offices to turn in the applications. When the student turns in
the application, admission officers review the application to ensure that it is complete. If the
students application is not complete, admission officers may ask the student a lot of questions.
If the student qualifies for AB540, s/he should state, I am an AB540 student. It is also advised to
complete an AB540 form in advance and provide it to the admissions offices. If the student doesnt
qualify for AB540, or if it doesnt work, the student should say that s/he does not hold a B-2 or F-1
visa (thats what schools are most concerned about). An undocumented immigrant student should
save the Im undocumented response until there are no other options.
Also, an undocumented immigrant student should never show admission officers her/his original
passport. Prepare a photocopy of the first page (the one with a picture) and present it if they
request an ID.
Sometimes UCs or CSUs may contact an undocumented immigrant student applicant via phone or
email and ask her/him the same questions. Respond in the same way.
After you apply
Some admissions offices will send an undocumented immigrant student applicant mail or email
asking her/him to complete the remaining information. Often they ask the student for proof that
s/he has applied to become a permanent resident, along with other documents. However, failing to
provide such proof should not affect admissions. Please contact KRC or NAKASEC for further
assistance.
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FINANCIAL AID
For most families in America, a college education is much more expensive than what they can
afford. For this reason, many consider affordability factors when applying to colleges. Many
immigrant families are not aware that in Americas higher education system, there exists a financialassistance system to assists working families.
LEGAL FOREIGN STUDENTS &UNDOCUMENTED IMMIGRANT STUDENTS
Most financial aids30 available for college students are for U.S. Citizens and LPRs. However, a
number of private colleges offer similar financial aid packages out of their own budget for legal
foreign students, and while most are not need-blind31 and very competitive, a very small number are
need-blind for financial aid seeking students, as well. Note: legal foreign students can only apply for
financial aid as first year (freshman) students - not as transfer students.
MERIT-BASED SCHOLARSHIPS
While schools cannot provide undocumented students with federal financial aid because its
considered to be government benefits, private foundations are not bound by this restriction. A list
of scholarships prepared by the Mexican American Legal Defense and Education Fund (MALDEF)
that may be available to all immigrant students is online at http://krcla.org/en/scholarships. Most
scholarship award amounts are in the $500-$2,000 range.
Even if a foundation requests a Social Security number, this may be for identification purposes and
not necessarily a sign that the scholarship is only for U.S. citizens. If a student finds a scholarship
and if it requires a Social Security number, the student should ask the foundation if the Social
Security number of a relative can be submitted in lieu of the students. If yes, it means that the
social security number is needed only for identification purposes; find a relative or a friend and ask
them to help you apply for the scholarship. If not, it probably means that the scholarship is for U.S.
citizens and permanent residents only.
LOANS
Similarly, private banks may offer loans as long as there is a U.S. citizen or LPR co-signer. More
information is available at http:// krcla.org/en/ab540/loans.
PRIVATE COLLEGES
While no private college explicitly offers need-based financial aid to undocumented immigrant
students, their funds are not bound by federal restrictions. Students may be able to request and
obtain financial aid from the colleges funds.
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PROPOSED FEDERAL & STATE
LEGISLATION AND POLICY
The DREAM Act, a bill that has been discussed since
2001, would grant undocumented immigrant students
seeking higher education, temporary legal status
equivalent to a permanent resident.
Undocumented immigrant students would be able to
apply for federal financial aid and have all the legal
protections all other students have when entering
college. Temporary legal status is granted twice for 3
years each, during which the student must finish 2years of college. Upon graduating from college,
students may apply for legal permanent residency
status.
(Together, We Build Americas Future National Mobilization of
APAs for Immigration Reform Rally, May Day, 2007)
The requirements for temporary status are that the undocumented immigrant student must have:
lived in the U.S. for 5 years or more by the date the DREAM Act is enacted;
been 15 years old or younger when entering the U.S.; andgood moral conduct, meaning you must not have a criminal record.
Optionally, a qualified undocumented person can attend the military for two years instead of
attending college. The DREAM Act has not passed yet, but it came very close to passage in
October 2007, when it failed a cloture vote by 52 yeas and 44 nays (it needed 60 yeas to continue to
the next step, which would surely have been a successful vote on the DREAM Act itself).
Ifthe DREAM Act passes, approximately 360,000 undocumented high school graduates between
the ages of 18-24 would be immediately eligible for conditional legal status and about 715,000 youth
between the ages of 5-17 would become eligible in the future.
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California DREAM Act
This bill would allow AB540 qualified students to receive financial aid. The precise programs vary
slightly every year and to get most up-to-date information, contact NAKASEC. To date, it has been
consistently introduced since 2002, and has passed both houses yet failed to secure the signature of
the Governor. Similar bills are being debated in other states as well.
Comprehensive Immigration Reform (CIR)
The term comprehensive immigration reform (CIR) refers to a package of policy
recommendations to overhaul the broken immigration system - legalization for all, elimination of
immigration backlogs & preservation of the family-based immigration system, protection of worker
rights, due process and civil liberties. There have been several versions of a CIR bill introduced in
Congress, each of which included the provisions within the DREAM Act.
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Join ORAnGE!
ORAnGE (Organize, Rise Up, Act N Get
Empowered) is KRC's youth group that meets
regularly to study and act on social justice issues
impacting young people. A priority for ORAnGEis ensuring full and equal access to public
education for all young people in the U.S.
Formed in 2005, ORAnGE has participated in
solidarity work with the black community in New
Orleans following Hurricane Katrina, produced a
short film for the DREAM Act, and launched the
DREAM postcard campaign (available at
http://krcla.org/dream), through which
thousands of cards have been sent to date.
Visit www.krcla.org or call KRC at 323-937-3718 to find out more about ORAnGE meetings, which
are open to all young people. Lets not just dream about the DREAM Act, lets act!
DREAM Postcard Campaign
Help send postcards to Congress to educate them about
the higher education dreams of thousands of young
people in the Korean American community!
Go to http://krcla.org/dream to sign online.
On the same website, download an electronic copy
(PDF) of the petition. Get your friends and people around
you to sign it, and send it to us via fax, mail or email!
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Get Help
Korean Resource Center900 Crenshaw Blvd, Los Angeles CA 90019
www.krcla.org/en/ab540
Junghee Lee
questions@krcla.org
323.937.3718
National Korean American Service &
Education Consortium (NAKASEC)900 Crenshaw Blvd, Los Angeles CA 90019
www.nakasec.org
Becky Baebbae@nakasec.org
323.937.3703
Plyler v. DoeSupreme Court Ruling notalawyet!
DREAM Act
GradSchool
Jobs
CollegeKinder to 12th gradeKinder Elementary School Middle School High School
LegalProtection
Barriers
Admissions to K-12 Public Institu-tion
In spite of the landmark Supreme Courtdecision guaranteeing the right to K-12public education in the U.S., manyschool systems in the country denyaccess to undocumented immigrantstudents as standard practice, eitherdue to misinterpretation of this lawand/or anti-immigrant sentiments.
Admissions to Public Post-SecondaryInstitutions
Undocumented immigrant students have beendenied admissions to colleges and universitiesbecause schools are interpreting federal lawerroneously. For example, some Californiacommunity colleges are expanding applicationof federal law, which prohibits current travelervisa (B1 and B2) holders from entering schools, toundocumented immigrant students who haveexpired visas.
In-State Tuition
Ten states including California have adoptedlaws permitting qualied undocumentedimmigrant students to receive in-state tuition.Unfortunately, a signicant number foregohigher education for nancial reasons becausethey nor their high school counselors/teachersand parents are not aware of in-state tuition.Furthermore, public institutions of higherlearning have wrongly denied in-state tuition tohundreds, potentially thousands, of qualifyingstudents.
Financial AidUndocumented immigrant students are morelikely to come from low income households who
must juggle working extra job(s) in order tocontribute to the family income and to nancetheir schooling. College-bound undocumentedimmigrant students have an additional hurdlebecause they are ineligible to receive Federalgovernment aid, such as Pell grants and loans, orstate benets such as a Cal Grant award.
AnxietyMany undocumented immigrant students struggle with understandable feelings of hopelessness ordepression because of the tremendous barriers they must overcome to realize their educational goals.For those able to graduate, they face the prospect of being unable to work in the eld of their study orchoice. They also live in real fear of being detected by immigration authorities and subsequently detainedand deported to countries that are unfamiliar to them. These feelings may inhibit a student from
excelling or even lead them to drop out of school.
noalawyet!
California DREAM ActFinancialAssistance
AB540passed in 2001
the big picture
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Appendix. California Nonresident Tuition Exemption Request (AB540 Form)
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Sources
1 The educational needs of many Southeast Asian American students are often overlooked becauseof this model minority myth that all Asian Americans excel academically. Although available data
shows that AAPIs overall are achieving academically, Southeast Asian Americans, in particular, facesignificant educational disparities. For example, while over 80% of the overall U.S. population aged25 and over hold a high school degree or higher, disaggregated data reveals that only 47% ofCambodian, 41% of Hmong, 51% of Laotian and 62% of Vietnamese Americans hold a high schooldegree or higher. See Southeast Asian American Statistical Profile (information according to the2000 U.S. Census), pg. 15, also available athttp://www.searac.org/seastatprofilemay04.pdf.2 U.S. Census Bureau, Earnings Gap Highlighted by Census Bureau Data on EducationalAttainment, (March 15, 2007), also available athttp://www.census.gov/.3 Todd Behr et al, The Effects of State Public K-12 Education Expenditures On IncomeDistribution (Apr. 2004), National Education Association Research Department.4 Henry Brady et al, Return on Investment: Educational Choices and Demographic Change in
Californias Future (2005), Berkeley Survey Research Center.5 Confronting the graduation rate crisis in California, Civil Rights Project, Harvard University (Mar.24, 2005), also available athttp://www.civilrightsproject.ucla.edu.6 Vol. VII Visa Bulletin No. 36A, 1994.7 The United States of Immigration and Custom Services is now saying that immigrants who appliedfor citizenship after June 1 of 2007 can expect to wait 16 to 18 months to have their applicationsprocessed. In addition to naturalization backlogs, the lack of work visas for non-degreed workerscontributes to the rise in another segment of the undocumented population. More immigrantworkers are falling out of status and becoming undocumented.8 New America Media, The 'Paper Ceiling' -- Undocumented Students Hit Barriers After Graduation(Jan. 25, 2006), also available athttp://news.pacificnews.org/news/.9 According to the ruling in Plyler v. Doe, 457 U.S. 202 (1982), undocumented immigrant studentshave the right to attend public schools and participate in all school activities. Moreover, schoolofficials are not allowed to require children or their parents to prove that they are in this countrylegally, through evidence such as green cards, citizenship papers or Social Security Numbers. Id.10 The provision (8 C.F.R. 214.2 (b)) sets forth guidelines regarding individuals currently with validB nonimmigrant status. See8 C.F.R. 214.2 (b). This section was amended on April 12, 2002, torequire B nonimmigrants to obtain a change of status approval before enrolling in a course of study.Id. This code section, however, does not have any impact on individuals who are not in validnonimmigrant status.11 Josh Bernstein, No federal requirement that school administrators inquire about studentsimmigration status or report those who are undocumented, DHS confirms, also available athttp://www.nilc.org/immlawpolicy/DREAM/Dream009.htm.12Jeffrey Passel, Size and Characteristics of the Unauthorized Migrant Population, Estimates Basedon the March 2005 Current Population Survey, Pew Hispanic Center (Mar. 7, 2006), also available athttp://pewhispanic.org/files/reports/61.pdf.13 The College & Financial Aid Guide for: AB 540 Undocumented Immigrant Students, USC Centerfor Higher Education Policy Analysis (Apr. 2006), also available athttp://www.fao.ucla.edu/Forms/pdfs/07_08_ab540students.pdf.
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14 Spiros Protopsaltis, Undocumented Immigrant Students and Access to Higher Education: AnOverview of Federal and State Policy, The Bell Policy Center, 2005.15Annual Report on AB540 Tuition Exemption 2005-06 Academic Year, UCOP Student FinancialSupport (Nov. 21, 2006), also available athttp://ucop.edu/sas/sfs/docs/ab540_annualrpt_2007.pdf.16
Id.17According to the 2006 Department Homeland Security publication, the estimated KoreanAmerican undocumented population as of January 2006 is 250,000. The total Korean Americanpopulation in 2005 according to the Census is 1,246,240.18See supranote 12.19Id.20SeeCal. Educ. Code 48002 and 48204.21 457 U.S. at 205.22Congress amended the Immigration and Nationality Act of 1952 (Act), 8 U.S.C.A. 1184 andadded subsection 1184(m) to the Act. Pursuant to subsection 1184(m)(1), foreign students may nolonger obtain status as non-immigrants under section 1101(a)(15)(F)(i), (iii) of the Act for thepurpose of studying at public elementary schools or in publicly funded adult educationprograms. Also subsection 1184(m)(2) provides that if a foreign student who receives an F-1 visato study at a private elementary or secondary school or in a privately funded language trainingprogram ultimately abandons or terminates that course of study, and subsequently enrolls in a publicelementary school, public adult education program, or publicly funded language training program,the student violates the provision for which the visa was granted and the visa shall be void.23 Form I-20 is a United States Department of Homeland Security document issued by accreditedinstitutions that provides supporting information for the issuance of a student visaor change ofstatus (F, J and M non-immigrant statuses). Since the introduction of the Student and ExchangeVisitor Information System (SEVIS), the form also includes the student tracking number (SEVISnumber) for the student and program.24 The M-1 visa is given to a foreign legal student wishing to attend a full vocational or non-academic
course, other than language trainings, at colleges, universities, or conservatories in the U.S.25A B-1 visa is a tourist/visitors visa as defined in 8 U.C.S.C.A. 1101(a)(15)(B).268 C.F.R 214.2(b)(7) states that "an alien violates the conditions of her/his status, if the alienenrolls in a course of study without first obtaining a F-1 and M-1 student visa."27In most cases, residency is determined by common law of domicile in each state. To be a residentin a state, one needs to be capable of demonstrating an essential element of domicile: the intent tolive permanently or indefinitely in that state. However, some nonimmigrant aliens under101(a)(15) of the Immigration and Nationality Act of 1952 (8 USCS 1101(a)(15)) for whom there iscondition for admission on an intent not to abandon a foreign residence may not adopt the UnitedStates as their domicile. In 1978, the U.S. Supreme Court decided in Elkins v. Moreno, 435 U.S.647 that certain non-immigrant visa holders such as a G visa holder may adopt state residency if they
develop a subjective intent to stay in the United States indefinitely. The Court also stated whethersuch an adoption will confer domicile in a state is a question to be decided by a state. States thatconfer resident status to non-immigrant visa holders for the in-state tuition purposes are: California,Michigan, New York, Florida, Kentucky, Virginia, and Texas. For example, these states grant H1,H4, E1, and E2 visa holders resident status. Thus, these visa holders can establish domicile and mayqualify for in-state tuition one year after date of approval of their visas. In Illinois, however, among
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non-immigrant visa holders, only H1 and H2 holders are considered as residents and qualify for in-state tuition one year after date of approval of their visas.28The list of Minnesota colleges where in-state tuition is available athttp://testfn.files.wordpress.com/2007/11/dreamschoolswonin2007.pdf.29
Residency is governed by state law. Some states including California, Michigan, New York,Florida, Kentucky, Virginia, and Texas grant certain non-immigrants (e.g. H1, H4, E1, or E2)residency status.30 The Department of Education offers various forms of need-based financial aid in addition toloans, and it provides a standard formula that calculates the familys ability to pay tuition. Theformula takes into consideration the familys income, wealth, savings, basic and necessary expenses(such as the college tuition of a second child), and unnecessary expenses, and produces the amountthat the family is expected to pay when sending the child to college. This amount is the ExpectedFamily Contribution, or EFC for short. Once an eligible students EFC is determined, schools willtry to meet the rest of the costs through a financial aid package, which includes need-based grants,loans, and other components. For example, if a U.S. citizen or LPR student wants to attend UCLA,where the resident costs are $16,000, but her/his EFC is $3,000, then UCLA will grant the student afinancial aid package for $13,000. Also, most schools make an admissions decision regardless of thefinancial aid the applicant needs. In other words, no matter how poor a students family may be, thestudent need not worry about whether s/he has the grades to get the financial aid, but only qualifyfor admissions. This policy is called need-blind admissions. Therefore, depending on thestudents familys financial situation, attending a UC university can actually end up being cheaperthan paying the full price at a community college.31
Supranote 29.
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This guide is produced by the National Korean American Service & Education Consortium (NAKASEC)
in collaboration with the Korean Resource Center (KRC).
The NAKASEC was founded as a consortium in 1994 by local community centers that realized that only bycoming together can we build and contribute to a national movement for civil rights. They are the KRC in LosAngeles, the Korean American Resource & Cultural Center (KRCC) in Chicago and YKASEC -Empowering the Korean American Community in New York.
Our founding was the culmination of the base building work our affiliates had been doing for years in their
respective cities. Our mission is to project a national progressive voice on major civil rights and immigrant rights
issues and promote the full participation of Korean Americans in American society.
2008. National Korean American Service & Education Consortium (NAKASEC) & Korean Resource Center(KRC). May be copied for personal, noncommercial use. All other rights reserved.
DISCLAIMER: this material is composed of information of a general nature that does not constitute a
NAKASEC AFFILIATES
Korean Resource Center
900 S. Crenshaw Blvd.Los Angeles, CA 90019
T: 323-937-3718 www.krcla.org
Korean American Resource & Cultural Center
2701A W. Peterson Avenue
Chicago, IL 60659T: 773-588-9158 www.chicagokrcc.org
YKASEC-Empowering The Korean American Community
136-19 41st Avenue, 3rd FloorFlushing, NY 11355
T: 718-460-5600 www.ykasec.org
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