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SB 13-251 Driver's License in Colorado

SUMMARY: Colorado Driver's Licenses for Undocumented Residents

Colorado now provides driver's licenses and ID cards to undocumented residents who cannot provide proof of legal presence in the United States. You'll need to submit proof of identity and residency, plus an Individual Taxpayer Identification Number, as well as sign specific affidavits and pass the knowledge and road tests.

IMPORTANT NOTE: If you are able to prove temporary legal presence, you may make an appointment at any time.

However, for those UNABLE to prove temporary legal presence, the Colorado DMV will be accepting appointments for licenses under SB 13-251.

What Is Colorado SB 13-251?

The Colorado Road and Community Safety Act (RCSA) Senate Bill 13-251 (SB 13-251) is an act passed into law that provides a driver's license, permit, or state ID card to Colorado residents who cannot prove citizenship or legal presence in the United States.

This is a specific type of driver's license that is NOT valid for federal identification purposes. As an applicant, you need to be able to provide:

With a CO driver's license, permit, or ID card issued under SB 13-251, you may not be discriminated against in any way, nor can your driver's license be held against you to determine your citizenship or immigration status. This license affords you the same driving privileges as a documented citizen, and also holds you to the same laws and regulations, including requirements for Colorado car insurance.

You can access an overview of the program, as well as all forms, information, and instructions related to the new law, on the Colorado DMV website (includes Spanish documents).

IMPORTANT NOTE:

The Colorado DMV is ONLY ACCEPTING NEW APPLICATIONS for licenses under SB 13-251, if you can prove temporary legal presence. If you cannot prove temporary legal presence, you will need to check the state website for the next available appointments.

Eligibility Requirements Under SB 13-251

If you are able to provide the Colorado DMV with proof of temporary lawful presence in the U.S., you will need to submit:

  • Proof of temporary lawful presence, if applicable—examples include:
    • Current U.S. visa.
    • Unexpired I-94 form with your foreign passport.
    • Current and valid “resident alien", “temporary resident", or “employment authorization" card.
    • Valid employment authorization document.
  • Proof of identity showing your name and birth date—examples include:
    • Your current passport.
    • An original or certified copy of your birth certificate.
  • Proof of your Colorado residency, such as:
    • A utility bill.
    • A rental agreement.
    • A cell phone bill.
    • Medical records.

If you CANNOT prove your temporary lawful presence, you must be able to provide:

  • 3 documents proving Colorado residency for the last 2 years*:
    • 1 document from this current year that shows your current address.
    • 1 document dated from 12 to 24 months ago.
    • 1 document from at least 24 to 30 months ago.
      • Examples include:
        • Vehicle registration.
        • Pay check.
        • Medical record.
        • Mortgage or lease agreement.
        • Utility bill.
  • An Individual Taxpayer Identification Number (see below).
  • 1 document from your home country proving your identity; must be one of the following:
    • Your current, valid foreign passport.
    • A consular identification card.
    • A military identification document.
      • The document you choose MUST show:
        • Your full name.
        • Your birth date.
        • Your photo.
        • The date it was issued.
        • The country that issued it.

All documents presented to the DMV must be translated into English. Please view the DMV's rules for translation before presenting your documents.

You must also have already applied, or be planning to apply, for lawful status or citizenship within the United States. You will be required to sign an affidavit stating as such.

Individual Taxpayer Identification Number

In order to apply for a driver's license in Colorado without a Social Security number, you must first have been issued an Individual Taxpayer Identification Number (ITIN) by the U.S. Internal Revenue Service (IRS). This number is issued to people who are otherwise ineligible for a Social Security number.

You can apply for an ITIN regardless of your citizenship status.

If you do not yet have an ITIN, you can apply for one by:

  • Completing an Application for IRS Individual Taxpayer Identification Number (Form W-7).
  • Attaching an income tax return with your application.
  • Providing proof of identity and foreign statusEITHER:
    • Your valid foreign passport.
      OR
    • At least 2 documents proving your identity, such as a:
      • Foreign military ID card.
      • Civil birth certificate.
      • Current national identification card, containing your name, address, birth date, and photo, plus an expiration date.
  • At least 1 document you submit must show your photo.
  • A full list of acceptable documents is provided on the W-7 instructions form.

It can take up to 6 weeks to receive your taxpayer number, so if you need to apply for one, make sure to do so well before you wish to apply for your Colorado driver's license.

Applying for Your CO Driver's License

There are different application processes for your Colorado driver's license under SB 13-251 based on whether you can provide proof of temporary lawful presence in the United States.

Note that you may bring an interpreter with you to the DMV if you need someone to help translate. This person must:

  • Be older than 16 years old.
  • Currently hold a valid Colorado driver's license.

If You CAN Prove Temporary Lawful Presence

If you hold proof of temporary legal presence in the U.S., you can apply for a driver's license at any Colorado Division of Motor Vehicles office. Schedule an appointment for your driving test with the DMV before going into an office.

At your appointment, you'll need to:

  • Submit proof of identity and temporary lawful presence (details listed above).
  • Complete an application form, available at the DMV.
  • Pass a written knowledge exam and vision test.
  • Pass your driving test.
  • Have your photo taken.
  • Pay the $26 fee.

If You CANNOT Prove Temporary Lawful Presence

IMPORTANT NOTE: The Colorado DMV is ONLY ACCEPTING NEW APPLICATIONS for licenses under SB 13-251, if you can prove temporary legal presence. If you cannot prove temporary legal presence, you will need to check the state website for the next open appointments

To apply for your driver's license under Colorado SB 13-251, you MUST make an appointment with the Denver Central office at:

1865 W. Mississippi Ave., #C
Denver, CO 80223

You'll need to:

  • Provide proof of identity and Colorado residency.
  • Submit your Individual Taxpayer Identification Number (details above).
  • Sign an affidavit stating that you have applied for legal status or citizenship, or that you will be applying as soon as you are eligible.
  • Provide one of the following:
    • A signed affidavit verifying your current Colorado residency, along with proof of your tax return filing for the previous year: OR
    • A signed affidavit verifying that you have been a Colorado resident for at least the last 2 years, along with proof of residency dating back at least 2 years (see Eligibility Requirements above for more on proof of residency).
  • Pass a written knowledge exam and vision test.
  • Pass an in-car road test.
    • You must provide valid registration and car insurance for the vehicle you'll be testing in.
  • Pay the appropriate fee:
    • Driver's license: $50.50.
    • Identification card: $14.

License Requirements & Restrictions

You will renew your Colorado SB 13-251 driver's license every 3 years. Each renewal, you will need to submit the above documents again, so keep the list handy and keep your paperwork updated.

Your new Colorado driver's license CANNOT be used for identification purposes. It will feature a message stating that it is for driving purposes only, and not valid for voting, federal identification, or public benefits.

Forms

W-7

Application for a taxpayer ID number, which is required for for a drivers license without proof of lawful US presence.

DR 5714

One of the forms required if you cannot prove your temporary lawful presence in the US when applying for a driver's license.

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