Can 485 dependent apply for unemployment benifit?

Fuji

Registered Users (C)
Should non-primary 485-applicant apply for unemployment benefit?

My wife's job will be ended this month (layed off), she has W2 from the employer, our 485s are pending for 2 years in TSC. ( I am the primary and she's dependent).

Should she apply for unemployment benefit without jeopardize our 485 approvals?

I'm still working for the sponsor employer.

Thank you for your inputs!
 
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Dont do it man

Already i read some cases got rejected after doing that. what is your current priority? Money or 485 approvel...?? once you get the approvel...any way you can do what ever you whant...i am not giving (-) ive advice here...this is just a sugestion...one of my friends 485 got rejected then it dragged for one more year then the immigration judge approved it...do you want to get into such....upto you...
cheers,
kalki
 
Re: Dont do it man

Originally posted by kalki
Already i read some cases got rejected after doing that. what is your current priority? Money or 485 approvel...?? once you get the approvel...any way you can do what ever you whant...i am not giving (-) ive advice here...this is just a sugestion...one of my friends 485 got rejected then it dragged for one more year then the immigration judge approved it...do you want to get into such....upto you...
cheers,
kalki

I believe you made very good point, but if someone can really lighten us about the related law ?!
 
You are working right, if one person is working in the family you sould not clim the unemployment benifits it seems not sure !!!

Just check, one more thing is you are in the last stage of your approval, why un-necessary make your case in jeopardy....

Don't apply for Unemployment benifits rightnow.

BaSh:cool:
 
Unlike the unsubstantiated rumors posted prior in this thread, there is nothing preventing an adjustment applicant from applying for and receiving UI benefits.

If it's a derivative applicant, no problem at all. UI has been stated by USCIS not to be a determinant in the "public charge" definition, just like any other insurance benefits.

If it's a primary applicant, the GC may be affected, but not by UI - rather, by the lack of a position. In such a situation, I'd say file for UI but spend every waking moment after looking for a new job.

Either way, UI is permissible and has no immigration effect.
 
Don't Claim Unemployment benefits

I read some cases, who calimed unemployment benefits, BCIS denied their EAD's and also their approval. For a little amount of money you are going jepordize your 485 process.
 
I heard some friends in exactly same situation, applied without affect 485 Approval

I heard that a friend's friend wase in exactly same situation, applied unemployment benefit, and got 485 approved later.

My question is that what's the law behind this? How can TSC get information about applicant's applying unemployment benefit?

Thank you all for the inputs.
 
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kalki, padmamutta,

Are you sure the cases you heard are dependent 485 applicant and non-primary 485 applicant?

Did they get denied because of unemploment of the primary applicant, or because of their dependents applying for the unemployment benefit?
-- those two cases are totally different.

Please clearify this.

Thanks.
 
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Ok..If u r the primary applicant, I'd advise not to do so..reasons...

My wife lost her job few months ago..So I applied for unemployment benefits (i am the primary)..in the process, I've learnt that they do check/inform with INS, if u r holding a valid status in USA...Eventually, we didnt get the benefits (as my wife's job was terminated not laid off) and she found another job soon..

A close friend of mine did the same thing for his wife (she was laid off)...the process is the same..they did approve it and they enjoyed some money for almost an year..which is good..as long as the dependant applied, it is just fine..

So, I'd advise you to apply for unemployment benefits for ur wife (IF SHE ISNT THE PRIMARY APPLICANT FOR 485).

BTW, my wife and I got our approvals (485) 3 months ago. My friend and his wife got their approvals (485) a week back..So its not taboo..

Madhav
 
Mad Par,

Questions:
1. Why sould I apply the benefit for her, not herself to apply?
2. In the unemployment application form, is there any column to be filled out for the status of the applicant? (Her status is 485-pending and has EAD). We don't have any issues like RFE with our 485

Thank you so much.
 
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Yes, This happend one of my friend.

Yes, This happend one of my friend. his wife was also initially on H1 then got added into his GC 485 app. then she got her EAD. and worked on the EAD. got fired from Nortel. then applied for benifit. my friend appeald the rejection...i dont know the process on that. then his gc was approved by the judge.
Thats what his storey. but they may had some other problem also which they did not tell me.
better consult your lawyer thats the the ultimate thing to do.
cheers,
kalki
 
There is no problem with the primary applying for UI on its own. What *is* a problem is the absence of a permanent job come ajudication time. That's the real issue with UI, and if you don't have a permanent job offer, your adjustment is dead wether you collected UI or not.

These stories about EADs being denied are silly - since you don't need a job to get or renew an EAD.
 
FujiS

1 - She can apply too, I meant that an application was submitted for her.
2 - I think in the application they do ask for status of some sort, they asked to send copies of SSN, EAD cards and 485 receipt copies. I did send all those..

Madhav
 
Affidavit of Support............

I134 states:

"That I am willing and able to receive, maintain and support the person(s) named in item 3. That I am ready and willing to
deposit a bond, if necessary, to guarantee that such person(s) will not become a public charge during his or her stay in the
United States, or to guarantee that the above named person(s) will maintain his or her nonimmigrant status, if admitted
temporarily and will depart prior to the expiration of his or her authorized stay in the United States."
 
searched "public charge" on google, get something like this ...

Highlights of the Guidance
The following programs or benefits will not affect immigration
status:

? Use of Medicaid, state Children's Health Insurance Program
(CHIP), or other health services -- unless Medicaid is used for
long-term institutional care;
? Use of food stamps, WIC, public housing, or other programs
that do not provide cash income;
? Use of cash income benefits by family of an immigrant
unless the benefits provide sole support for the family.

Use of cash income benefits like Supplemental Security Income
(SSI), TANF, or general assistance might affect immigration
status, depending on the immigrant's situation. Practitioners
should review the materials explaining the new policy listed
above in order to determine if receipt of benefits under these
programs will affect a client's eligibility for immigration
benefits.

Summary of the New Policy
The new federal policy clarifies and interprets the law of
public charge as found in the Immigration and Nationality Act.
Below is a summary of the most significant portions of the
guidance and regulations.

Definition of Public Charge: Public charge is defined as
"primarily dependent on the government for subsistence." The
guidance places special emphasis on how the government will
weigh evidence of an immigrant's receipt of public benefits in
determining whether or not the immigrant meets the new
definition of public charge and is therefore barred from
admission to the U.S. Specifically, the guidance states that
only benefits that provide either cash assistance for income
maintenance or long-term residential institutionalization are
relevant to a public charge screening.

Factors in Determining Public Charge: Under the public charge
doctrine, when a person applies for permanent residency in the
U.S., the government must deny the application of anyone who is
"likely to become a public charge." INA 212(a)(4) . In
addition, the government can deny the readmission to the U.S. on
public charge grounds of a permanent resident who has left the
country for six months or more. In making a public charge
determination, the government must look to the future, giving
consideration to the immigrant's age, health, income, family
size, education and skills, and the immigrant's sponsorship
under an affidavit of support. This doctrine has not changed in
many years, although the list of factors that must be considered
in making a public charge determination was not codified until
the passage of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (IIRAIRA). INA 212(a)(4)(B).

========================================
:cool:

here's one link:
http://www.lausd.k12.ca.us/lausd/offices/student_health/public_charge.htm
:cool:
It doesn't explicitly say if "unemplotment benefit" is or is not "public charge", but I feel it's not.

Also, I called my lawyer, he said "it's not likely public charge, a millioniar are qualified to apply unemployment benefit."
-- which sounds make sense.


Any explaination is welcome!:cool:

http://www.lausd.k12.ca.us/lausd/offices/student_health/public_charge.htm
 
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FujiS,
When you mention the EAD details to claim UI benefits, they will not give beyond the EAD valid date.

Check out that also. And if you (your spouse) do apply, share your experiences with us. I read in this same forum long time back about one particular individual applied for UI and state had sent a letter to INS to inquire about the legal status of that person. INS responded to the state's request also put a black mark on his files. And later his 485 got rejected.

This was happened back in '01. It may not happen now for you. If you take a chance and apply, just share your experiences with us. I wish you would not become another example!.
 
Originally posted by vmchandra
When you mention the EAD details to claim UI benefits, they will not give beyond the EAD valid date.

This is correct, since you must be "available to work". No work authorization, no work availability.

I read in this same forum long time back about one particular individual applied for UI and state had sent a letter to INS to inquire about the legal status of that person. INS responded to the state's request also put a black mark on his files. And later his 485 got rejected.

On what basis was the adjustment rejected? That has a huge bearing on the question.
 
vmchandra,

thank you for your input!

You mentioned one individual applied the benefit and got 485 rejected. Was s/he the primary 485 applicant or dependent applicant?
 
FujiS,
I believe he was a primary applicant. And out of frustration he applied after waiting for more than 6 months out of job during bad days of '01.

One black mark may cause request for additional information etc, even for extension of EAD.

All I am talking may not happen for your case. But be cautious especially when your case is few weeks away from approval.
 
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