Can I pay in-state tuition if I have a pending i-485 status? 1 Answers as of June 15, 2011

I'm 23 year-old girl who lives in California. I filed the form I-485 in 2008 based on my mother's employment (registered nurse) in the U.S. Though I haven't gotten the green card yet, it has been longer than 366 days since I filed the form, and I'm a dependent of my mother, who has been paying taxes in California for last 5 years. I have the proof of USCIS receipt for the adjustment of status application indicating receipt of the I-485 which shows my name and file number, my physical presence in CA for last 5 years, and my mother's W2 from for last 5 years. Do you think I'm eligible to pay in-state tuition?

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World Esquire Law Firm | Aime Katambwe
It takes 1 year of residency for a someone to become a California resident. If they become a CA resident, then AB 540 applies to them under certain circumstances. The requirements for the CA Dream Act or AB 540 are as follows: Attend a high school in California for three or more years; graduate from a California high school or the California GED or a Certificate of Proficiency; and File the AB540 nonresident tuition exemption request form and sign the confidential affidavit stating that you will apply for legal residency as soon as possible. If you do qualify, then the proposed AB 130 allows you to apply for private student aid or gifts from organizations that offer such gifts. AB 131 will allow for public student aid. Good luck!
Answer Applies to: California
Replied: 6/15/2011
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