Section 2905.15  Permanent Residence Under Color Of Law

a)         An alien is considered permanently residing in the United States under color of law if his presence in this country is presumptively legal because:

1)         He has entered the United States prior to June 30, 1906; or

2)         He is presumed lawfully admitted under an erroneous name or due to other error in accordance with 8 C.F.R. 101.2 (January 1, 88), no later amendments or editions are included; or

3)         He has been given "refugee" or "asylee" status by the United States Attorney General pursuant to Section 207 or Section 208, respectively, of the Immigration and Nationality Act (8 U.S.C. 1157 and 1158); or,

4)         He has been given parole into the United States by the United States Attorney General pursuant to Section 212 (d) (5) of the Immigration and Nationality Act (8 U.S.C. 1182).

b)         The mere fact that a particular individual, group or class of individuals is temporarily not subject to deportation does not mean that the individual or members of that group or class are permanently residing in the United States under color of law.  In such circumstances, in order to establish that he is permanently residing in the United States under color of law, the individual or group or class member must show that the Immigration and Naturalization Service (INS) has provided written notification that he may remain in the United States for an indefinite period of time.

(Source:  Amended at 13 Ill. Reg. 11502, effective June 29, 1989)