To my knowledge, anyone can get an unsubsidized Stafford Loan (except druggies??). I know everyone loves the freebies, but you've got to be almost dirt poor to get the Pell Grants and such. Also, there are a lot of forms of aid that aren't need based that come from the state and university.
I think the independent thing is just that if you fall into one of the categories, the feds consider you and ONLY you responsible for the cost of your education. If you don't fall into that category, both you AND your parents are responsible for the cost of education. It sucks if you get no parental support, but if they weren't strict mark my words, everyone and their brother would be claiming themsevles as independent to get all the freebies. I do think that schools can on a case-by-case basis declare a student independent, but I think it's rare and you really have to prove it.
What is someone who has no parental support to do? Work work work and go to an inexpensive school. Get the max in Stafford loans, apply for scholarships, etc. It CAN be done. It's not easy. But again, it can be done. I do 12 credits a semester (full time) and it cost me $4600 last year. That's not bad and since I was a Junior I got a $5000 (or so) Stafford loan. I also worked a lot on the side. For me, university housing is more than tuition so I found a cheap apartment that is off campus but close enough that I can still walk/take the bus.
I am amazed at all the "woe is me, I'm so poor" college students around here who are sporting the latest AF and Hollister threads and driving cars and drinking a Starbucks everyday and talking on their MOTO...now I know that's not the case for everyone, but where I go there seem to be very few "poor" college students.
Now if your parents are claiming you as a dependent and NOT providing more than 50% of your support that IS illegal. But unless you say something the IRS shouldn't question it. My parents don't provide more than 50% but I let them claim me because if they didn't I wouldn't be their dependent and wouldn't be covered under their health insurance. My dad has also cosigned all my loans so the least I can do is let him have my exemption and the measly tuition write off.