Frequently Asked Questions and Answers

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Click here for Legal Presence – Restriction on Public Benefits forms and details about how to submit a form.

What is Legal Presence – Restriction on Public Benefits?
As of August 1, 2006, Colorado State Statute §24-76.5-103(4)(b) C.R.S requires that all students who apply for certain public benefits that entail any payment or financial assistance provide proof that they are legally present in the United States . In the higher education arena, these public benefits include the College Opportunity Fund (COF), in-state or reduced tuition rates, some types of institutional and state-sponsored financial aid and any other benefit for which there is an application, excluding employment benefits.

What is considered a "public benefit"?
Some of the identified benefits include the College Opportunity Fund (COF), in-state tuition, some types of state or institutional financial aid, Military and Olympic Athlete tuition waivers, WUE/WICHE, Postsecondary Enrollment Options Act (PSEO) for anyone over the age of 18, any other state-funded benefits that entail any payment or financial assistance, excluding employment benefits.

Who is required to show proof of legal presence?
All students who apply to the University of Colorado , or who apply for any state benefits (i.e., in-state tuition, some forms of institutional or state aid, etc.) on or after August 1 2006, are subject to the requirements of Colorado State Statute §24-76.5-103(4)(b) C.R.S legislation.  However, any student whose legal presence is confirmed through the process of completing a Free Application for Federal Student Aid (FAFSA) or a College Opportunity Fund (COF) application will be considered to have met the requirements of Legal Presence – Restriction on Public Benefits.

Are there any students who applied for state or institutional benefits but will be exempt from having to sign the affidavit/provide identification?

Any student who applied, accepted/confirmed or enrolled as an in-state student at a University of Colorado campus prior to August 1, 2006.  In addition, any out-of-state student who applied, accepted/confirmed or enrolled on any University of Colorado campus prior to August 1, 2006, will be grandfathered in for any current benefits they are receiving.  However, if any new state or institutional benefits are awarded to any student on August 1, 2006, or later, such as in-state tuition, the student must sign an affidavit and produce the appropriate identification.  Any student whose legal presence is confirmed through the process of completing a Free Application for Federal Student Aid (FAFSA) will be considered to have met this requirements of Legal Presence – Restriction on Public Benefits.

How do I provide proof of legal presence?
Students who are required to show proof of legal presence will have to sign an affidavit of legal presence and produce a form of identification specified in the law. Students in this category for fall 2006 will receive a notice concerning this requirement. This requirement can be fulfilled in person at their campus registrar's office.  In the near future, the affidavit will appear electronically on the web at the same site where you register/drop/add courses.  

What are the consequences of not complying with this Legal Presence – Restriction on Public Benefits requirement?
All students receiving in-state tuition or reduced out-of-state tuition benefits will have their tuition changed to the higher, out of state rate.  Students who apply for and are eligible for state or institutional aid will be required to return their award if they fail to comply with this legislation.  

What is an acceptable form of identification?

Download List of Acceptable Identification for Legal Presence – Restriction on Public Benefits Adobe PDF Symbol

1. For U.S. Citizens and Permanent Residents:

  • Unexpired Colorado Driver's License.  A valid Colorado driver’s license includes only a current driver’s license, minor driver’s license, probationary driver’s license, commercial driver’s license, restricted driver’s license, or instruction permit.

  • In the case of a resident of another state, the driver’s license or a state-issued identification card from the state of residence, if that state requires that the applicant prove legal presence prior to issuance of a document.  Currently, states that do not require legal presence checks and are not acceptable:  HI, IL, MD, TX, UT, WA.

  • Unexpired Colorado Identification Card issued by Dept. of Motor Vehicles.

  • Unexpired United States Military Card

  • Unexpired United States Military Dependent Identification Card

  • Unexpired United States Coast Guard Merchant Mariner Card

  • Native American Tribal Document

  • Copy of applicant’s birth certificate from any state, the District of Columbia and all United States territories.  U.S. Territories include American Samoa, Federated States of Micronesia, Guam, Midway Islands, Puerto Rico and US Virgin Islands.

  • United States Passport, except for “limited” passports issued for less than five years

  • Report of Birth Abroad of a US Citizen, form FS-240.

  • Certificate of Birth issued by a foreign service post (FS-545) or Certification of Report of Birth (DS-1350). 
    These are available from the Department of State

  • Certificate of Citizenship (N-560 or N-561).  This document is issued to those persons who derive U. S. Citizenship through a parent.  The N-561 is issued upon loss or damage of the original document or following an individual’s name change.

  • U. S. Citizen Identification Card (I-97).  These were last issued in 1974.

  • Northern Mariana Identification Card.  Those born in the Northern Mariana Islands prior to November 3, 1986 were collectively naturalized.

  • Statement provided by a US consular officer certifying that the individual is a US citizen.  (This document is provided to an individual born outside the US who derived citizenship through a parent but does not have form FS-240, FS-545 or DS-1350.)

  • American Indian Card with Classification code “KIC” and a statement on the back identifying US Citizen members of the Texas Band of Kickapoos.

  • Certificate of Naturalization (N-550 or N-570).

  • INS Form I-551 (Alien Registration Receipt Card), commonly called or known as a “green card”

  • INS Form I-551 (Alien Registration Receipt Card), commonly known as the “Green Card” with the code CU6, CU7, or CH6.

  • Unexpired Temporary I-551 Stamp in foreign passport or on INS Form I-94

  • Unexpired temporary I-551 stamp in foreign passport or on INS Form I-94 with the code CU6, CU7, or CH6.

2. For those with Immigration Documents:

  • INS Form I-94 annotated with stamp showing grant of asylum under section 208 of the Immigration and Nationality Act (INA)

  • INS Form I-94 annotated with stamp showing admission under Section 207 of the INA

  • INS Form I-94 with stamp showing admission for at least one year under Section 212(d)(5) of the INA. (Applicant cannot aggregate periods of admission for less than one year to meet the one-year requirement)

  • INS Form I-94 with stamp showing admission under Section 203(a)(7)of the INA.

  • INS Form I-94 with stamp showing parole as “Cuba/Haitian Entrant” under Section 212(d) (5) of the INA.

  • INS Form I-688B (Employment Authorization Card) annotated” 274a.12(a)(5)”

  • INS Form I-688B (Employment Authorization Card) annotated “274a.12(a)(3)”

  • INS Form I-688B (Employment Authorization Card) annotated “274a.12(a)(10)”

  • INS Form I-688B (Employment Authorization Card) annotated ”A3”

  • INS Form I-776 (Employment Authorization Document) annotated ”A5” or Grant Letter from the Asylum Office or INS

  • INS Form I-766 Employment Authorization Document) annotated ”A10”

  • INS Form I-766 (Employment Authorization Document) annotated “A3”.

  • INS Form I-571 (Refugee Travel Document).

  • Order from an immigration Judge showing deportation withheld under Section 243(h) of the INA as in effect prior to April 1, 1997, or removal withheld under Section 241(b)(3) of the INA

What if I don't have any of the types of ID listed above?
Students who do not have any of the types of ID indicated above may still demonstrate legal presence by:

•  Applying for a Colorado Driver's License or Colorado ID card. However, any license from any other state would have to be surrendered, or

•  Verification through the Colorado Department of Revenue waiver process.

The waiver request form is available at http://www.revenue.state.co.us/EDO_dir/pdf/dr4678.pdf . Once completed, this form, as well as all supporting documentation, must be presented in person to your local driver's license office in the State of Colorado . It will then be submitted to the Department of Revenue for verification.

The University will periodically check with the Department of Revenue to determine if your waiver has been accepted.

Students who must follow this process will have a temporary waiver placed upon their student record for this Legal Presence – Restriction on Public Benefits compliance.

If you are denied this waiver at the state level, you will be assessed at the out-of-state tuition level or your benefit must be returned.

Instead of coming in to the registrar's office, can I fax in a copy of my identification card?
Yes but you must use the official Legal Presence – Restriction on Public Benefits notary form. The form must be completed by an official notary before you fax it to the Office of the Registrar. Click here for Legal Presence – Restriction on Public Benefits forms.

I will not be able to satisfy the identification requirement but would be able to sign the affidavit. Would it be possible for me to sign the affidavit and be eligible for my state benefits?
No.  Legal Presence – Restriction on Public Benefits requires compliance with both the affidavit, as well as the identification.