COLORADO ID QUESTIONS
[Always check the exact language of the rules themselves available on the Department of Revenue's website.]
How do I get a Colorado ID?
To be issued a Colorado ID or driver's license, you must prove the following four elements: full legal name, age, identity and lawful presence in the U.S. In some cases, a single "stand alone" document may prove all four elements. However, it may be necessary to provide other documents in order to prove all the required elements. All documents presented must be certified originals, certified amended originals or true copies certified by the issuing agency.
What are some examples of "stand alone" documents?
U.S. passport with full legal name (current or expired within last 10 years); Colorado ID or driver's license (current or expired less than 1 year); Military ID or its equivalent (such as an active duty, retiree, National Guard, or dependent card) that includes a photo and is not expired; Out-of-state ID or driver's license (current or expired less than 1 year) from any state that requires proof of lawful presence; Foreign passport with a photo in conjunction with appropriate visa or other immigration documents; Certificate of Naturalization or Certificate of Citizenship (with photo less than 20 years old); I-551 or I-94 with refugee or asylee status or Employment Authorization Document including I-766, I-688, I-688A and I-688B (all documents must be verified by SAVE and where appropriate containing a photo taken within last 20 years). See the DMV Identification Requirements
Which states require proof of lawful status, or are considered "lawful presence states" by Colorado?
Nearly all states, including the District of Columbia, are lawful presence states, the exceptions being: Hawaii, Illinois, Maryland, Nebraska, New Mexico, Utah and Washington.
What if I don't have a "stand alone" document?
If you do not have a "stand alone" document, then you can use a combination of other documents to prove full legal name, age, identity, and lawful presence in the U.S. in accordance with the DMV Identification Requirements matrix (see link above).
What are some examples of documents that prove full legal name, age, and identity?
Colorado ID or driver's license expired less than 10 years; Out-of-state ID or driver's license from any state in the U.S. (including those that do not require proof of lawful presence) not expired or expired less than 10 years; Bureau of Indian Affairs ID with a photo taken in the last 20 years; Military ID or Common Access Card (CAC) with a photo and not expired or expired less than 10 years; Veterans Administration card with photo taken in the last 20 years; Department of Corrections ID or Federal Prison ID; Affidavit signed by parent or guardian if applicant is under 18 years old (affiant must provide identification and proof of relationship). See DMV Identification Requirements (link above).
What if I changed my name?
An applicant's full legal name is the name on the applicant's birth certificate, unless it has been changed by court order, marriage, divorce, or adoption. A certified copy of a marriage license or certificate, divorce decree, separation decree, adoption order, or name change order issued by a state or federal court may be used to prove a name change. If you never obtained a legal name change and your names on your supporting documents don't match, you may need to consider a legal name change.
What are some examples of documents that prove lawful presence in the U.S.?
Certified original or certified amended birth certificate issued by state, county, parish, borough, the District of Columbia or the U.S.; Social Security card (verified by SSA's online verification system); Certificate of Naturalization or Certificate of Citizenship (with photo more than 20 years old); Certified order of adoption with birth information; I-94 with refugee or asylee status that does not contain a photo and verified by SAVE.
What is a Notice of Incomplete Application?
A Notice of Incomplete Application must be provided if the DMV determines that an applicant has failed to provide sufficient documentary proof to obtain an ID or driver's license. This Notice must include the reason for the decision. An applicant then has the opportunity to return with additional documentation prior to being denied, and go through Exception Processing.
What is Exception Processing ["EP"]?
Individuals who cannot provide adequate documentation (as outlined above) may request Exception Processing administered by the Motor Vehicles Investigations Unit. After being issued a Notice of Incomplete Application you can quality to go through EP. Additional documents that may be considered in the process include the following: valid Colorado or federal tax return with W-2 or 1099; life, health or other insurance record including name, age or date of birth, and place of birth in the U.S.; ID issued by a federally-recognized tribe; ID issued by Federal Bureau of Prisons or Colorado Department of Corrections; DD-214 that does not include the "not to be used for ID" disclaimer; any other verifiable document including expired documents, court records, religious records, early school records, hospital records, municipal records and insurance records. The applicant must cooperate in obtaining the validation including signing any authorization required by the issuing agency. Also, there is no fee for Exceptions Processing beyond the regular fee for an ID. See the Exception Process page on the DMV website.
What is a Notice of Denial?
A notice of Denial can be issued after a Notice of Incomplete Application when the applicant is still unable to provide sufficient documentation or after an unfavorable decision under the Exceptions Process.
Are there any options after receiving a Notice of Denial?
Denied applicants can file a written request for a hearing. A hearing request form should be included with the Notice of Denial. The hearing request form must be filed within 30 days of the denial. A hearing officer decides whether the applicant has met the documentation requirements under the statute and rules. A written decision shall be provided within 15 business days after the hearing. If the decision is favorable, the denial shall be rescinded. If the denial is sustained, the applicant can petition for judicial review in District Court within 30 days of the hearing officer's decision.
CITIZENSHIP VERIFICATION REQUIREMENTS UNDER HB 1023
What does the law provide?
Effective August 1, 2006, all applicants and recipients for public benefits in the State of Colorado must prove their "lawful presence in the United States" at application or redetermination.
Who is exempt from this requirement?
Anyone under the age of 18 years.
What public benefits programs are included in HB 1023?
TANF/Colorado Works, Colorado Indigent Care Program (CICP), LEAP, Old Age Pension (OAP), Aid to the Needy Disabled (AND), CHP+ (for those over 18 and pregnant women), and others.
What public benefits programs are excluded from HB 1023?
Medicaid, food stamps, child care, child support, child welfare, refugee services, emergency medical care, disaster relief, immunizations, soup kitchens, crisis counseling, programs exempt from a citizenship verification requirement under federal law, etc.
How can individuals comply with HB 1023?
Applicants/recipients must provide both a signed affidavit AND an acceptable form of identification. The affidavit must state that he or she is a U.S. citizen or legal permanent resident OR that he or she is otherwise lawfully present in the United States pursuant to federal law. State agencies have an affidavit to form for clients to sign. The affidavit does not have to be notarized.
What documents does HB 1023 require to prove identification?
Only the following four documents were specifically listed in the new law: 1) a valid Colorado driver's license or identification card; 2) a United States military card or military dependent's card; 3) a U.S. Coast Guard Merchant Mariner card; or 4) a Native American tribal document.
Has the list of four documents been supplemented?
Yes. The Colorado Department of Revenue (DOR) has expanded the list of acceptable documents to include: a certificate verifying naturalized status, a certificate verifying U.S. citizenship, a valid driver's licensr or state ID that verify lawful presence, and valid immigration documents verified through the Systematic Alien Verification for Entitlements (SAVE) program.
What is the SAVE program?
All non-citizen applicants/recipients must now have their immigration documents verified through the Systemmatic Alien Verification for Entitlements (SAVE) program administered by United States Citizenship and Immigration Services (U.S. CIS) of the Department of Homeland Security.
What is the waiver process under HB 1023 and to whom is it available?
Individuals who cannot provide the required lawful presence documentation may request a waiver of the statute's provisions in order to receive public benefits while attempting to obtain the documents, Individuals should provide DOR with all available citizenship documentation along with their affidavit and the waiver form. Both the affidavit and the waiver forms are available on the Department of Revenue's website. The waiver determination will be entered into the computer by DOR staff through an "Electronic Identification Indicator" (EII). The social services worker can than access the EII determination.
How much time is allowed to provide this documentation?
Human Services and Health Care Policy and Financing only allow documentation to be presented within 10 business days or the application will be denied or beneftis terminated. If documentation is provided within 10 weeks of the denial or termination, the client will be made eligible back to the date of the application.
How quickly must the DOR make a decision approving or denying the waiver?
The DOR must do so within one business day of receipt of the response from federal databases or other verifying entities. Information as to the waiver decision shall be made available to the benefit agency, if known.
Why would a request for a waiver be denied?
A request for a waiver may be denied for the following reasons:
The SAVE system is unable to verify a person's lawful presence.
The DOR reasonably believes the documents provided have been tampered with, altered, or are not genuine.
The documents provided are inconsistent and the applicant is unable to explain the inconsistencies.
Do waivers expire?
No, waivers do not expire. However, they may be rescinded, cancelled if the DOR becomes aware of any possible violation of immigration laws.