Sample Affidavit of Intent to Become a Permanent Resident

Below is a sample Affidavit of Intent to Become a Permanent Resident.

Students seeking financial aid that are not U.S. citizens, who are ineligible to apply for federal student aid, who can meet the Texas state residency requirements under 54.052 and 54.053 of the Texas Education Code can complete the Texas Application for State Financial Aid (TASFA) in lieu of the FAFSA form. These students can then compete for state funds and financial aid programs without being U.S. Citizens or legal U.S. residents.

Are affidavit students getting a free ride?
Student filing affidavits paid only $9.5 M of the $27.2 M (34%) out of pocket for tuition and fees in 2009. Taxpayers and students were responsible for paying the remaining $17.7 M tuition and fee costs for these potentially illegal immigrant students.

An interesting twist is that some of these state financial aid programs, like the Texas Public Education Grant, are funded by Tuition Set Asides taken each semester from every student’s tuition.

These state laws attempt to circumvent the federal law by simply not asking students whether they are in the US legally. To qualify, the student must have lived with a Texas parent or guardian for 36-months up to high school graduation and sign an affidavit promising the intent to apply for permanent resident status as soon as they are able to do so.

Each institution of higher education is responsible for acquiring signed affidavits completed by students subject to requirements in TEC 54.053(3)(B) prior to classifying them as residents. State law does not delegate authority to the institutions or any other entity to monitor whether students are complying with the content or provisions of the sworn statement.