IN THIS MODULE

TASFA is for Texas residents who do not qualify for FAFSA but meet residency requirements under the Texas Dream Act (House Bill 1403 / Senate Bill 1528).

Who Qualifies

  • Students who graduated (or will graduate) from a Texas high school, earned a GED in Texas, or lived in Texas for at least 36 consecutive months before earning their diploma.

  • Students (and sometimes parents) who have lived in Texas for the 12 months before college enrollment.

  • Must sign an affidavit stating they intend to apply for permanent residency when eligible.

  • Are classified by your institution as a Texas resident for tuition.

Note on the June 2025 Court Ruling:
The ruling affected in-state tuition classification only under Texas Education Code § 54.052(a)(3). It does not change TASFA eligibility.
TASFA continues to follow the student’s Texas residency classification as determined by state law.
If your college recognizes you as a Texas resident for tuition, that same classification should apply to TASFA eligibility.

This is important because some institutions are creating their own interpretations due to lack of clear guidance — which leads to inconsistent decisions. Students must know the correct information to advocate for themselves.

Student Tip

If a college questions your TASFA eligibility even though you meet residency rules, stay calm and ask to speak with the financial aid administrator or residency officer for clarification. You can ask something simple as:

“Can you explain how my Texas residency classification for tuition is being applied to my TASFA eligibility? My understanding is that TASFA eligibility follows state residency rules.”

If you ever feel unsure about what to say or how to explain your situation, you can always reach out to us for support. You can also connect with trusted community organizations that advocate for immigrant students, such as the Laredo Immigrant Alliance, Texas Immigration Law Council, American Gateways, ImmSchools, RAICES, or other local nonprofits that assist students navigating residency and financial-aid processes. You are never alone—there are people and organizations ready to walk with you through every step.

Preparing Your Documents

Before you begin, gather and double-check all required documents—having these ready will make your application smoother and faster.

Checklist

  • Texas Residency Affidavit (signed and notarized; available through your college’s financial-aid office).

  • Parent and/or Student Tax Returns (W-2 or 1040 from two years prior, if applicable).

  • Proof of Texas Residency: current lease, bills, pay stubs, or a Texas ID/driver’s license.

  • High School Transcript or Diploma: showing graduation from a Texas school or completion of a Texas GED.

  • College List: the schools you plan to send your TASFA to (many require submission directly to their financial-aid portal).

  • NEW (As of 2025–2026): Proof of Lawful Presence for institutions that require it under updated guidance

  • This term confuses thousands of students — and many advisors. Let’s break it down clearly.

  • It means you are currently in the U.S. under a recognized federal immigration category, even if you are not a citizen or permanent resident.

    It does NOT mean you must have a green card or U.S. citizenship.

    It also does NOT mean “legal status” — these terms are not the same as “lawful presence”.

  • Some students are told:

    “You need legal status to get financial aid.”

    This is false.
    TASFA does not require U.S. legal status. It requires that the student meets Texas residency criteria.

    But some colleges now request “proof of lawful status” (i.e. green card or citizenship) as part of their review because they interpret recent guidance broadly.

    So we empower students with the facts.

    Remember; “lawful presence” is NOT the same as “lawful status”.

  • Students may be considered lawfully present if they fall under any of the following federal classifications:

    1. Someone with a pending I-485 application to become a permanent resident (green card).

    2. A Conditional Permanent Resident, Permanent Resident, or Temporary Resident.

    3. A person with a valid nonimmigrant visa (including student, work, visitor, or dependent visas) who has not violated the terms of that visa.

    4. A Refugee or Asylee.

    5. Someone with a pending bona fide asylum application.

    6. A person paroled into the U.S. who is still in their period of parole (this includes Military Parole-in-Place holders).

    7. A person with Temporary Protected Status (TPS).

    8. Someone with a pending TPS application.

    9. A spouse, child, or parent with an approved Violence Against Women Act (VAWA) petition.

    10. A person with an approved I-360, including Special Immigrant Juvenile Status (SIJS) recipients.

    11. Someone granted Deferred Action, including:

      • DACA (Deferred Action for Childhood Arrivals)

      • DALE (Deferred Action for Labor Enforcement)

    12. A person granted U or T Visa status (victims of crime or trafficking).

    13. Someone with a pending U or T visa application (including derivatives).

    14. A person who has been granted—or has a pending application for—

      • Cancellation of Removal (INA 240A(b)), or

      • Cancellation/Adjustment under NACARA, HRIFA, or the Cuban Adjustment Act,
        and has an official USCIS receipt notice.

    15. A person granted withholding of removal.

    16. A person granted protection under the Convention Against Torture (CAT).

    17. A person granted Family Unity protection.

    18. A person granted an Order of Supervision (OSUP).

    19. A person granted a stay of removal.

    20. A person with Deferred Enforced Departure (DED).

    21. A person granted extended or voluntary departure.

    22. Anyone with a valid, unexpired Employment Authorization Document (EAD)

      (regardless of the underlying status category).

    If you fall under any of these categories, you are lawfully present. This is different from having a "lawful status" (having a permanent residency or U.S. citizenship) — and it still qualifies as lawful presence for financial-aid review (Source).

Disclaimer: HigherEd Readiness Project is not a law firm, and the information provided on this website does not constitute legal advice. All content is for educational purposes only and is based on publicly available information from state and federal sources.

Please note that immigration laws, financial-aid policies, and state regulations change frequently, sometimes with very little notice. While we make every effort to provide accurate and up-to-date information, we strongly encourage students and families to verify requirements directly through official federal and state websites, such as:

Because every situation is unique, individuals should consult with a qualified immigration attorney or trusted legal-aid organization for personalized advice or clarification on immigration status, lawful presence, or residency-related matters.

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