Benefits payable for service by aliens
Source:
Section 657.184 — Benefits payable for service by aliens, https://www.oregonlegislature.gov/bills_laws/ors/ors657.html.
Notes of Decisions
Foreign national who has pending application for permanent residence and to whom INS has granted privilege of voluntary departure, regularly renewable until resolution of application for permanent residence, is permanently residing in United States under color of law and is entitled to have earnings credited to eligibility for unemployment compensation. Rubio v. Employment Division, 66 Or App 525, 674 P2d 1201 (1984)
Color of law analysis is focused on government agency and color of law will be found where either agency has taken affirmative action or policy exists prohibiting deportation. Gillar v. Employment Division, 300 Or 672, 717 P2d 131 (1986)
Alien is “permanently residing in the United States” when alien has filed application which is indefinite in nature, has intention of remaining in this country and has significant ties to this country. Gillar v. Employment Division, 300 Or 672, 717 P2d 131 (1986)
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