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Thread: Unemployment benefit hurt Green Card or not?

      
  1. #1

    Unemployment benefit hurt Green Card or not?

    Hi,
      I live in New Jersey. My wife file 485 as a primary ("Extrordinary" case) with my name added. We already got EAD card and finger_print appointment notice. Now I lost my job. She is fine. I want to get unemployment benefits from NJ government. I am wondering it is going to hurt my GC process or not. One thing I know, in NJ, unemployment benefit is some kind of insurance. Everybody who works has to pay special tax for that purpose.
      Any guru know about it?
      John

    485 file: 12/5
      approved: 1/30
      EAD: 2/15
      fingerprint notice: 3/2 for appointment on April

  2. #2
    Join Date
    May 2002
    Location
    Venice, Florida
    Posts
    2,018

    Public Charge? - Q&A from INS website

    Q18: If an alien has received cash public benefits in the past, but has stopped, will INS or State find that he or she is likely to become a public charge?

    A18: Past receipt of cash public benefits does not automatically make an alien inadmissible as likely to become a public charge. It is one factor that will be considered under the totality of the circumstances test to decide whether the alien is likely to become a public charge in the future. For example, if an alien received benefits in the past during a period of unemployment, but now has a job and is self-supporting, he or she would most likely not be found inadmissible as a public charge. The more time that has elapsed since the alien stopped receiving the benefit, the less weight it will be given. The length of time that an alien received benefits and the amount of benefits received are also relevant considerations.

    Jim

    James D. Mills
    Attorney at Law
    jdmills@justice.com
    732-644-5702
    http://www.geocities.com/jamesdmillsesq/

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