Immigration Status and College

If you are an immigrant student, you have the opportunity to go to college regardless of your immigration status. With the signing of House Bill 1403 into law on June 17, 2001, immigrant students, including undocumented students, may qualify as residents and receive in-state tuition. To qualify, a student must meet the following four provisions:

1) Have graduated from a public or private high school or received a GED in Texas,

2) Have resided in Texas for at least 3 years*, lived some of this time with a parent or legal guardian before the person graduated from high school or received a GED,

3) Register in an institution of higher education no earlier than the fall of 2001,

4) Provide the institution with an affidavit that he/she will file an application to become a permanent resident as soon as he/she is eligible to do so.

*Students who do not meet the 3-year requirement but who have started the process with the INS and have filed an I-130 or I-140 are also eligible to receive in-state tuition if they have been here for at least 12 months.

Also, people holding work visas (H1-B) and their dependents (H-4) can now also receive in-state tuition at state universities. Student who are classified as resident under the new law also qualify for state financial aid (Texas Grant and Texas Public Education Grant). To apply, they need to fill out the FAFSA even if they do not have a social security number. They can use the 9-digit number generated by the institution they are attending.