Title 56 IDES RULES Part 2905
R-169 (05/11)
SUBCHAPTER g: INELIGIBILITY FOR BENEFITS
PART 2905: ALIEN STATUS
SUBPART A: GENERAL PROVISIONS
Section 2905.1 Unemployment Benefits To Aliens
An alien can establish monetary eligibility (see 56 Ill. Adm. Code 2720.1) to receive unemployment insurance benefits
only to the extent and on the basis of wages that he earned during his base period while he was lawfully admitted for
permanent residence or otherwise permanently residing in the United States under color of law, as provided in 56 Ill.
Adm. Code 2905.10 or 2905.15, as the case may be.
Example: An individual illegally enters the United States in 1981 and begins work at that time. He applies for and is
granted permanent residence status as of May 1, 1988. Only those wages that this individual earns on or after May 1,
1988, may be used to establish his monetary eligibility for benefits.
(Source: Amended at 13 Ill. Reg. 11502, effective June 29, 1989)
Section 2905.5 Definitions
For the purposes of 56 Ill. Adm. Code 2905, the terms hereunder shall be defined as follows:
a) "Alien" means any person not a citizen or national of the United States as provided in Section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
b) "Immigrant" is an alien who has been accorded by the United States the privilege of entering the country for
permanent residence and of becoming a citizen of the United States under the conditions provided in the
Immigration and Nationality Act.
Section 2905.10 When Is An Alien Lawfully Admitted For Permanent Residence
An alien is considered lawfully admitted for permanent residence in the United States if he is given the status of an
immigrant; provided, however, that the Canadians and Mexicans who are allowed to enter the United States for daily or
seasonal work shall likewise be considered as lawfully admitted for permanent residence.
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, 1988), 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)
