TITLE 56: LABOR AND EMPLOYMENT
CHAPTER IV: DEPARTMENT OF EMPLOYMENT SECURITY
SUBCHAPTER g: INELIGIBILITY FOR BENEFITS
PART 2905 ALIEN STATUS
SECTION 2905.15 PERMANENT RESIDENCE UNDER COLOR OF LAW


 

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 or her presence in this country is presumptively legal because:

 

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

 

2)         He or she is presumed lawfully admitted under an erroneous name or due to other error in accordance with 8 CFR 101.2 (January 1, 1988), no later amendments or editions are included; or

 

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

 

4)         He or she 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 USC 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 these circumstances, in order to establish that he or she 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 or she may remain in the United States for an indefinite period of time.

 

(Source:  Amended at 43 Ill. Reg. 6550, effective May 14, 2019)