9 Colo. Code Regs. § 2503-7-3.753
Current through Register Vol. 47, No. 22, November 25, 2024
Section 9 CCR 2503-7-3.753 - GENERAL REQUIREMENTS FOR CITIZENSHIP AND LAWFUL PERMANENT RESIDENCY3.753.1CITIZENSHIP AND LAWFUL PERMANENT RESIDENCY STATUS [Eff. 12/1/14]The following are citizens of the United States and are generally eligible to receive social services and public assistance.
A. Persons born in the United States, Puerto Rico, Guam, Virgin Islands (U.S.), American Samoa, or Swain's Island;B. Persons who have become citizens through the naturalization process;C. Persons born to U.S. citizens outside the United States with appropriate documentation.3.753.11Verification of Citizenship in the United States [Eff. 12/1/14]Documents that are acceptable as verification of citizenship can be found at 1 CCR 204-30, Appendix A.
3.753.111Verification of Questionable Citizenship Information [Eff. 12/1/14]The following shall be used in considering questionable statement(s) of citizenship from applicant:
A. The claim of citizenship is inconsistent with statements made by the applicant, or with other information on the application, or on previous applications.B. The claim of citizenship is inconsistent with information received from another reliable source. Application of the above criteria by the eligibility worker must not result in discrimination based on race, religion, ethnic background or national origin, and groups such as migrant farm workers or Native Americans shall not be targeted for special verification. The eligibility worker shall not rely on a surname, accent, or appearance that seems foreign to find a claim to citizenship questionable. Nor shall the eligibility worker rely on a lack of English speaking, reading or writing ability as grounds to question a claim to citizenship. There are no additional identification requirements for citizenship or lawful permanent residency status.
3.753.13Legal Immigrant [Eff. 12/1/14]"Legal immigrant" means an individual who is not a citizen or national of the United States and who was lawfully admitted to the United States by the Citizenship and Immigration Services (CIS) as an actual or prospective permanent resident or whose physical presence is known and allowed by the CIS 3.753.14Documentation of Legal Immigrant [Eff. 12/1/14]An alien considered a legal immigrant will normally possess one of the following forms provided by the Citizenship and Immigration Services (CIS) as verification:
A. I-94 arrival/departure record.B. I-551: resident alien card I-551).C. Forms I-688b or I-766 employment authorization document.D. A letter from CIS indicating a person's status.E. Letter from the U.S. Dept. of Health and Human Services (HHS) certifying a person's status as a victim of a severe form of trafficking.F. Iraqi and afghan individuals who worked as translators for the U.S. military, or on behalf of the U.S. government, or families of such individuals; and have been admitted under a Special Immigrant Visa (SIV) with specific Visa categories of SI1, SI2, SI3, SI6, SI7, SI9, SQ1, SQ2, SQ3, SQ6, SQ7, or SQ9. Eligibility limitations are outlined in Section 3.710.31, I.G. Any of the documents permitted by the Colorado Department of Revenue rules for evidence of lawful presence 1 CCR 204-30, APPENDIX B)..
3.753.15Verification with Systematic Alien Verification of Entitlement (SAVE) Program [Eff. 12/1/14]Legal immigrants applying for public assistance must present documentation from CIS showing the applicant's status. All documents must be verified through SAVE (Systematic Alien Verification for Entitlements) to determine the validity of the document.
3.753.16Qualified Alien [Eff. 12/1/14]A "qualified alien" is defined as follows:
A. An alien lawfully admitted for permanent residence;B. An alien paroled into the United States under the Immigration and Naturalization Act (INA) for a period of at least one year;C. An alien granted conditional entry pursuant to Section 203(a) (7) of the INA prior to April 1, 1980;F. An alien whose deportation is being withheld;G. A Cuban or Haitian entrant;H. A victim of severe form of trafficking who has been certified as such by the U.S. Department of health and Human Services (HHS);I. Iraqis and Afghans granted Special Immigrant Visa status;J. An alien who has been battered or subjected to extreme cruelty in the U.S. by a family member;K. An alien admitted to the U.S. as an Amerasian immigrant;L. An individual who was born in Canada and possesses at least fifty percent (50%) American Indian blood or is a member of an Indian tribe;3.753.17Aliens and Temporary Residents Not Eligible for Assistance [Eff. 12/1/14]The following individuals are not eligible for public assistance or social services programs:
A. An alien with no status verification from the U.S. Citizenship and Immigration Service;B. An alien granted a specific voluntary departure date;C. An alien applying for a status; or,D. A citizen of foreign nations residing temporarily in the United States on the basis of Visas issued to permit employment, education, or a visit.3.753.17Citizenship Requirements [Eff. 12/1/14]An applicant who does not meet lawful permanent residency or citizenship requirements shall not be included as a household member; however, all countable income of this individual shall be counted as part of the household's total income. The household's application shall not be denied due to lack of documentation regarding citizenship requirements if there are other household members who meet the citizenship requirements (i.e., minors born in the United States).
3.753.2Residence [Eff. 12/1/14]3.753.21Colorado Residency [Eff. 12/1/14]To be eligible for assistance, an applicant shall be a resident of Colorado at the time application is made. There shall be no durational residence requirement. An applicant or recipient who establishes intent to remain in Colorado shall, for public assistance purposes, is considered a current resident. "Intent to remain" may be established by any or all of the following:
A. Acquiring by purchase, rental, or other arrangements housing facilities used as a home;B. Household effects, equipment, and personal belongings being located in the home or being in transit;C. Securing employment or engaging in other self-supporting activity based in Colorado;D. Parents entering children in local schools;E. Completing the affidavit of intent - residence form; and/or;F. Entering Colorado with a job commitment or in search of employment in Colorado.3.753.22Residency Requirements [Eff. 12/1/14]Applicant households must meet the state residency requirements as contained in these rules. The household must reside at the address for which it applied to receive LEAP benefits.
37 CR 21, November 10,2014, effective 12/1/201438 CR 19, October 10, 2015, effective 11/1/201539 CR 05, March 10, 2016, effective 4/1/201639 CR 19, October 10, 2016, effective 11/1/201640 CR 19, October 10, 2017, effective 11/1/201741 CR 19, October 10, 2018, effective 11/1/201842 CR 23, December 10, 2019, effective 12/30/201943 CR 11, June 10, 2020, effective 7/1/202043 CR 19, October 10, 2020, effective 11/1/202044 CR 13, July 10, 2021, effective 7/30/202144 CR 19, October 10, 2021, effective 11/1/202145 CR 19, October 10, 2022, effective 11/1/2022