Noncitizen children under age 19 who are lawfully present in the U.S. and residents of Illinois may qualify for any of the All Kids programs. The following types of immigration status indicate lawful presence of a noncitizen child:
- Noncitizen child who has not violated the terms of the status under which he or she was admitted or to which he or she has changed after admission;
- Noncitizen child who is a parolee for less than 1 year under section 212(d)(5) of the Immigration and Naturalization Act (INA) except for an alien paroled for prosecution, deferred inspection or is pending removal proceedings;
- Noncitizen child in temporary status under sections 210 or 245a of the INA;
- Noncitizen child in protected temporary status under section 244 of the INA;
- Noncitizen child granted employment authorization;
- Noncitizen child who is a Family Unity Beneficiary;
- Noncitizen child under Deferred Enforced Departure granted by the President of the U.S.;
- Noncitizen child in deferred action status (aliens for whom deportation is being withheld);
- Noncitizen child whose visa petition is approved and has a pending application for adjustment of status;
- Noncitizen child who applied for asylum under section 208(a) of the INA; Noncitizen child whose status is pending for withholding of removal under section 241(b)(3) of the INA;
- Noncitizen child granted withholding of removal under the Convention Against Torture;
- Noncitizen child with a pending application for Special Immigrant Juvenile Status under section 101(a)(27)(J) of the INA;
- Noncitizen child who is granted temporary parole (includes Cuban/Haitian Entrants whose status is pending);
- Noncitizen child who applied for legal permanent residency;
- Noncitizen child who has a valid visa and is an Illinois resident (refer to PM 03-01-02-k for certain visa types);
- Noncitizen child whose documents indicate he or she is lawfully present in the Commonwealth of the Northern Mariana Islands;
- Noncitizen child whose documents indicate he or she is lawfully present in American Samoa; or
- Noncitizen child in valid status (includes most visa types and citizens of the Compact of Free Association States: Palau, Federation of Micronesia and Marshall Islands).
To be lawfully present in the U.S., the child's status must be valid. A child with expired documents is not in valid status. A child whose status is 'pending removal proceedings' is not in valid status. A child who is not in valid status may still qualify as undocumented.
- Note: Persons who have been approved for temporary relief from removal under the Deferred Action for Childhood Arrivals (DACA) process are considered to be undocumented. Persons approved in this status receive a U.S. Citizenship and Immigration Services (USCIS) Form 797 DACA Approval Notice or other document indicating that they are approved under DACA.
A child in the U.S. on certain classes of visa or who is a temporary visitor does not meet the Illinois residency requirement. Refer to PM 03-01-02-k for a list of ineligible visas.