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San Joaquin Delta College
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Admissions, Records & Registration

California Nonresident Tuition Exemption (AB 540 Law)

Any student, other than one with a United States Citizenship and Immigration Services (USCIS) nonimmigrant visa status (see exception for students who  have been granted T or U visa status) who meets all of the following requirements, shall be exempted from paying nonresident tuition at the California Community Colleges, the California State University and the University of California (all public colleges and universities in California).

Nonresident students meeting the following criteria will be exempted from the payment of nonresident tuition, but WILL NOT be classified as California residents. Students will continue to hold nonresident status.


The following requirements must be met.

  • The student must have attended a high school (public or private) in California for three or more years.
  • The student attained credits in California from a California high school equivalent to three or more years of full-time high school coursework and attended a combination of elementary, middle and/or high schools in California for a total of three or more years (documentation required).
  • The student must have graduated from a California high school or attained the equivalent prior to the start of the term; for example, passing the GED or CHSPE exam (documentation required).
  • An undocumented student who is without lawful immigration status must file an affidavit with the college or university stating that he or she has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so (documentation required, if applicable).
  • Students who are nonimmigrants (for example, those who hold F (student) visas, B (visitor) visas, etc) are not eligible for this exemption.
  1. The student must file an exemption request including a signed affidavit with the college that indicates the student has met all applicable conditions described above. Student information obtained in this process is strictly confidential unless disclosure is required under law.

  2. Students eligible for this exemption who are transferring to another California public college or university must submit a new request (and documentation if required) to each college under consideration.

  3. Nonresident students meeting the criteria will be exempted from the payment of nonresident tuition, but they will not be classified as a California resident. Students will continue to hold nonresident status.

  4. AB540 does not provide federal student financial aid eligibility for undocumented students. These students remain ineligible for federal financial aid. 

  5. The California Dream Act extends Cal Grant A and B Entitlement awards, Cal Grant C awards, Chaffee grants, and institutional financial aid to student that meet these criteria as well as the applicable criteria for eligibility for specific type of financial aid.To apply for state aid, students may go to: to complete the California Dream Act Application.

Students who are NOT eligible to recieve this tuition waiver are the following non-immigrant statuses:

  • F Visa
  • J Visa
  • M Visa
  • B Visa
  • Other

To apply for the AB540 exemption, please complete the attached California Nonresident Tuition Exemption Affidavit and provide ALL of the following required documentation:

  • Official California High School Transcripts. If more than one High School was attended then you will need to provide a transcript from each school.
  • Copy of official high school diploma, GED, or C.H.S.P.E
  • Documentation of nonimmigrant alien visa (if applicable).
  • Documentation of application to the United States Citizenship and Immigration Services for change of status to a classification other than nonimmigrant alien if applicable.

California Nonresident Tuition Exemption Requests are available at the Admissions and Records Service windows, located in the DeRicco Student Service Building or online through the Admissions & Records Forms site.

Please submit the completed affidavit and all required documentation to the Admissions and Records Service Window, located in the DeRicco Building Lobby or mail to:

San Joaquin Delta College
Admissions & Records
Attn: Samantha Powell
5151 Pacific Avenue, Box 102
Stockton, CA 95207


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San Joaquin Delta College
5151 Pacific Ave
Stockton, California 95207
(209) 954-5151