3.753.1
CITIZENSHIP 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.
3.753.11
Verification 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.
3.753.111
Verification 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.
3.753.13
Legal
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
3.753.14
Documentation 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).
.
3.753.15
Verification 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.
3.753.16
Qualified 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;
D. A
refugee;
E. An asylee;
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;
3.753.17
Aliens 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.
3.753.17
Citizenship
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).
3.753.2
Residence [Eff. 12/1/14]
3.753.21
Colorado 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.
3.753.22
Residency 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.
