Tracking #2008-00601 
Adopted 8/1/2008, eff. 10/1/2008

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[I:/08051402.doc]

(9 CCR 2503-1)

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Revisions to Sections 3.140.13-3.140.131, 3.140.14, 3.705.1, 3.710.12, 3.710.21, 3.710.23, 3.710.31, 3.711.12, and 3.711.22 were final adoption following publication the 8/1/2008 State Board rule-making session, with an effective date of 10/1/2008 (Rule-making# 08-5-14-2). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Human Resources, Compliance and Regulatory Affairs, Boards and Commissions Division, State Board Administration. 
Revisions to Sections 3.614.21, 3.614.4-3.614.51, 3.615.4, 3.616-3.617.2 were adopted on an emergency basis at the 8/1/2008 State Board rule-making session, with an effective date of 9/5/2008 (Rule-making# 08-7-1-2). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Human Resources, Compliance and Regulatory Affairs, Boards and Commissions Division, State Board Administration.

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3.140.13  Qualified Alien [Rev. eff. 10/1/08]
A “qualified alien” is defined as follows: 
A.  An alien lawfully admitted for permanent residence;
B.  An alien paroled into the United States under Section 212(d)(5) of the Immigration and Naturalization Act (INA) for a period of at least 1 year;
C.  An alien granted conditional entry pursuant to Section 203(a)(7) of the INA prior to April 1, 1980;
D.  A refugee under Section 207 of the INA;
E.  An asylee under Section 208 of the INA;
F.  An alien whose deportation is withheld under Section 243(h) or 241(B) (3) of the INA.
G.  A Cuban or Haitian entrant as defined in Section 501(3) of the Refuge Education Assistance Act of 1980;
H.  A Victim of Severe Form of Trafficking who has been certified as such by the U.S. Dept. of Health and Human Services (HHS).
I.  Iraqis and Afghans granted Special Immigrant Visa status under Section 101(A)(27) of the INA. 
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 pursuant to Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988 (as amended by Public Law No. 100-461);
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 as defined in 25 U.S.C. Section 450B(e).
3.140.131  Five Year Period [Rev. eff. 10/1/08]
Qualified aliens arriving in the U.S. on or after August 22, 1996, are generally barred from federal programs for five years unless they meet one of the following exceptions: 
A.  An honorably discharged U.S. veteran or active U.S. military personnel and/or spouse, unmarried children, widow and widower, including lawfully admitted permanent resident who is a Hmong or Highland Lao veteran of the Vietnam war; or,
B.  A refugee, asylee, deportation withheld, or an alien granted status as a Cuban or Haitian entrant, a certified Victim of a Severe Form of Trafficking (these humanitarian immigrants maintain their original status when adjusting to Legal Permanent Resident (LPR) status and remain exempt from the five year bar); or,
C.  An individual who: 1) was born in Canada and possesses at least fifty percent (50%) American Indian blood, or 2) is a member of an Indian tribe as defined in 25 U.S.C. Sec. 450B(e); or,
D.  An individual admitted to the U.S., as an Amerasian immigrant pursuant to Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988, as amended by Public Law No. 100-461; or,
E.  A lawfully admitted permanent resident who is a Hmong or Highland Lao veteran of the Vietnam war.
F.  An Afghan Special Immigrant Visa (SIV) holder is exempt for six months from the five-year bar, and an Iraqi SIV is exempt for eight months. 
3.140.14  Documentation of Legal Immigrant [Rev. eff. 10/1/08]
An alien considered a legal immigrant will normally possess one of the following forms provided by the Citizens 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. 

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3.705.1  GENERAL DEFINITIONS [Rev. eff. 10/1/08]
“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 Immigration and Naturalization Services (INS) as an actual or prospective permanent resident or whose physical presence is known and allowed by U.S. Citizenship and Immigration Services (USCIS), and:
A.  Is a resident of Colorado,
B.  Meets the requirements for public assistance or Food Stamps other than citizenship,
C.  Is not eligible for or receiving any other public assistance and/or Food Stamps.

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3.710.12 [Rev. eff. 10/1/08]
The intent of the Colorado Refugee Services Program is to provide necessary financial, medical and social services to eligible refugees who have entered the United States, to promote early self-sufficiency through employment and integration in the community.

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3.710.21 Groups of Refugees [Rev. eff. 10/1/08]
The following categories are refugees for purpose of CRSP eligibility:
A.  A “refugee” is a person who is outside his/her country of nationality (or habitual residence) who is unable or unwilling to return to that country because of persecution or a well-founded fear of persecution on account of race, religion nationality, membership in a particular social group or political opinion A refugee has been granted refugee status outside of the United States.
B.  An “asylee” is a person who has been granted asylum by the U.S. Citizenship and Immigration Service (USCIS) while residing in the United States. An asylee has the same rights and benefits as refugees from their date of entry. An asylee's entry date is the date that the individual was granted final asylum in the U.S. by USCIS and not the date that individual was admitted into the U.S. Individuals admitted to the United States who are classified by USCIS as “applicants for asylum” are not eligible for CRSP benefits unless they are Cuban or Haitian (refer to Sections 3.710.21, C and 3.710.31, D).
C.  Cuban/Haitian entrants, parolees or asylum seekers.  For documentation requirements, refer to Section 3.710.31, D.
D.  Certain Amerasians with the following codes: AM-1, AM-2, AM-3, AM-6, AM-7, AM-8 on one of the following documents: form I-551, temporary I-551 stamp in passport, I-94 form, or any verification from the USCIS or other authoritative document. 
E.  “Victims of a Severe Forms of Trafficking” are persons who have been certified as such by the U.S. Department of Health and Human Services (HHS). and are eligible for benefits and services to the same extent as refugees.
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 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.  An I-551 (“Green Card”) holder with class or admission codes AS-6 through AS-8, RE-6 through RE-9, CH-6. 
3.710.22  CRSP Case Manager [Rev. eff. 5/1/02]
A “CRSP Case Manager” is an employee of the Colorado Department of Human Services, Colorado Refugee Services Program, VOLAG, or designee who has the responsibility of assisting a refugee in all phases of available services in order to help achieve self-sufficiency.
3.710.23  Sponsor [Rev. eff. 10/1/08]
A “sponsor” is an individual, family, church, civic group or other local community organization. Deeming of sponsor income does not apply. 
3.710.24  Voluntary Agency 
A “Voluntary Agency (VOLAG)” is the initial resettlement agency for refugees entering the United States. Such agencies also have responsibility for recruiting local sponsors to aid in the initial resettlement process.

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3.710.31  Refugee [Rev. eff. 10/1/08]
Applicants for assistance under the Colorado Refugee Services Program as a “refugee” must possess in their name, documentation provided by the United States Citizenship and Naturalization Service (USCIS) under the Immigration and Nationality Act (INA) with one of the following statuses: 
A.  Admitted as a refugee under Section 207 of the INA.
B.  Granted as an asylee under Section 208 of the INA; may have an I-94 form with Section 208 notation or, as an alternative, the individual may have a letter from the U.S. Department of Justice Executive Office for Immigration Review immigration judge indicating that final asylum has been granted and the date of asylum status.
C.  Paroled as a refugee or asylee under Section 212(D)5) of the INA;
D.  Cuban/Haitian entrants, parolees, or asylum seekers who have an I-94 form with a stamp indicating “Cuban/Haitian entrant” or a notation indicating “parolee”, with a notation of 212(D)(5)(a); any documents indicating pending exclusion or deportation proceedings; any documents indicating a pending asylum application, including a receipt from an USCIS asylum office indicating filing of form I-589 application for asylum; form I-688B employment authorization document coded 274A.12(A)(4) or 274.12(C)(11) or I-766 employment authorization document with code A04 or C11; or I-551 with an adjustment code of CH6.
E.  Certain Amerasians with the following codes: AM-1, AM-2, AM-3, AM-6, AM-7, AM-8 on one of the following documents: form I-551, temporary I-551 stamp in passport, I-94 form or any verification from the USCIS or other authoritative document. 
F.  Adult Victims of a Severe Form of Trafficking will have an original letter from the U.S. Department of Health and Human Services certifying the person as a Victim of a Severe Form of Trafficking. Children under eighteen (18) years of age who have been subjected to trafficking do not need to be certified in order to receive benefits. The Office of Refugee Resettlement (ORR) will issue a letter stating that the person is a Victim of a Severe Form of Trafficking. Confirmation of the certification letter or similar letter may be made by calling the trafficking verification line 1-866-401-5510 and notifying ORR of the benefits for which the individual has applied. 
G.  Afghan SIVs who meet one of the criteria listed below are eligible for refugee services and other federal means tested public benefits, except TANF, for six months from date of entry, and Iraqi SIVs who meet the criteria are eligible for eight months from date of entry into the U.S. 
1.  A holder of an Iraqi or Afghan passport with a Department of Homeland Security visa noting the individual has been approved for admission under one of the Immigrant Visa (IV) categories of SI1, SI2, SI3 and a Department of Homeland Security admission stamp on the passport or I-94 noting date of entry.
2.  A holder of a green card (I-551) showing Iraqi or Afghan nationality, or Iraqi or Afghan passport, showing one of the following immigrant visa categories: SI6, SI7, SI9.
3.  A holder of an Iraqi passport with a Department of Homeland Security visa noting the individual has been approved for admission under one of the Immigrant Visa (IV) categories of SQ1, SQ2, SQ3 and a Department of Homeland Security admission stamp on the passport or I-94 noting date of entry. 
4.  A holder of a green card (I-551) showing Iraqi nationality, or an Iraqi passport, showing one of the following immigrant visa categories: SQ6, SQ7, SQ9. 
H.  An I-551form (“green card”) with class of admission codes AS-6, AS-7, AS-8, RE-6, RE-7, RE-8, RE-9, CH-6, HA6, HB6, GA6, GA7, GA8. 
In lieu of TANF/Colorado Works, individuals with this immigration status are eligible for Cares cash assistance through the Colorado Refugee Services Program if income eligibility criteria are met. 
Individuals admitted to the United States who are classified by USCIS as “Applicants for Asylum” are not eligible for CRSP benefits. Once granted asylum, those individuals are eligible. The exception to this rule is Cuban and Haitian individuals applying for asylum who are eligible for CRSP benefits. 

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3.711.11  TANF Eligibility [Rev. eff. 10/1/08]
Refugees who enter the Untied States on or after January 1, 1999, are not eligible for Temporary Assistance for Needy Families (TANF)/Colorado Works payments for the first eight (8) months in the U.S. They are eligible for assistance through the Cares Program, an alternative grant program, under the Colorado Refugee Services Program. 
3.711.12  Documentation [Rev. eff. 10/1/08]
In the absence of documentation as to age, birth, etc., pertinent information appearing on USCIS documents and documentation supplied by the refugee's Voluntary Agency is acceptable. A copy of such documentation shall be placed in the case record. 
When there are no written records of any kind to support the applicant's statements, the case shall be referred to the Colorado Refugee Services Program for assistance in determining eligibility.

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3.711.22  Initial Refugee Medical Assistance Determination and Definitions (Eligibility Determinations) [Rev. eff. 10/1/08]
Refugees residing in the U.S. fewer than eight months, asylees who are within eight months from the date that their final asylum was granted, Victims of a Severe Form of Trafficking who are within their eight months from date of certification, and SIVs within their period of eligibility (Afghan SIVs within six months and Iraqi SIVs within eight months from their date of entry into the United States) who lose their eligibility for Medicaid because of earnings from employment, will be transferred to RMA without an eligibility determination and the 200% of poverty rule shall not be applied. The increased earnings from employment shall not affect the refugee's continued medical assistance (RMA) eligibility. In cases where a refugee obtains private medical coverage, Third Party criteria applies in accordance with the Colorado Department of Health Care Policy and Financing's Medical Assistance manual, Sections 8.060-8.066 (10 CCR 2505-10)
A.  RMA shall continue until the individual eligible for refugee services reaches the end of his or her 8-month eligibility period. For Afghan SIVs, the duration of RMA is six months from their date of entry into the United States.
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