Can 485 dependent apply for unemployment benifit?

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

Reason could be any thing. When a person goes for stamping, they may ask for current employment letter or latest pay stubs etc, failed to show may cause delay or ultimate rejection.

I don't know how exactly things works. It is our responsibility to prove we are still working on same or similar job that was mentioned in the labor. Just violating that point may cause for a big toll. Also it is individual officer's decision whether he want to clear the file or just keep pending indefinitely.
 
Originally posted by vmchandra
Reason could be any thing. When a person goes for stamping, they may ask for current employment letter or latest pay stubs etc, failed to show may cause delay or ultimate rejection.
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Actually, that couldn't happen, because you cannot be stamped unless the case is approved. They never ask for evidence at stamping time.

The point is, as you mention, that the applicant could have been denied for a variety of reasons - not UI.

violating that point may cause for a big toll.
Click to expand...

The only time you need to be working in the same or similar job is at ajudication time. If you're not, no GC for you, and the fact that you have received or not received UI is irrelevant. If you are in the job, again your UI use is irrelevant.

I would caution everyone to draw too many conclusions from an anecdotal adjustment rejection when the applicant claimed UI.
 
Realcanadian - I agree..during stamping...the only thing they ask is for EADS and APs...that's abt it..(photos and other silly stuff too)... i doubt they'd ask to verify employment...

unless u tell them that u dont have a job..I remember a post mentioning that...someone actually said that and they didnt do the stamping...i'd say..if ur case gets approved...get it stamped and do not give additional information unless requested...NONE OF THE APPROVAL NOTICES ASK FOR PROOF OF EMPLOYMENT..so a person has to be REALLY REALLY stupid to tell them that they dont have a job if they dont as they never asked for it...

FujiS - If you want to apply for UI, use the website, texasworkforce.org..click on UI benefits and submit an application online..Do keep in mind that its a government organization and things dont move as fast u;d expect..So it might take 1-2 months before u see any damn money...I think unemployment benefits should be paid to us even though we need it or not..Goodluck

Madhav
 
Mad Par,

My original question is "Should my wife claim her unemployment benefit without joepardize our 485?"

She's beneficiary 485 applicant, works full-time W2 job using EAD for a year, will be laid off this month;

I'm the primary 485 applicant and I'm working for the sponsor employer all the time.
We're in Texas, 485s have been pending for 2 years.

"Should my wife claim her unemployment benefit without joepardize our 485?"

I know she can get the money if she applys for it.
 
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Re: Mad Par,

Originally posted by FujiS
My original question is "Can my wife claim her unemployment benefit?"
She's depedant 485 applicant, works w2 job for a year, will be laid off in this month;
I'm the primary 485 applicant and I'm working for the sponsor employer all the time.
We're in Texas, 485s has been pending for 2 years.
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If she was working full time, was let go/laid off (not due to any performance related reason) has valid EAD then she can claim unemployment benefits.
 
Originally posted by Mad Par

A close friend of mine did the same thing for his wife (she was laid off)...the process is the same..

My friend and his wife got their approvals (485) a week back..So its not taboo..

Madhav
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so Madhav, this "close" friend of yours they got approved a week ago? are they the one I am thinking of..
:D

Fujis, in short if you ask me,

Since your wife is derivative, you can rely on experiences quoted above by others and decide yourself.

But for any primary applicant, living in Texas, my advice is Don't file for it. That is the conclusion I had made last yr after reading Texas workforce's site. My Attorney had adviced me the same.

As per Realcanadian, i have read his posts in past on this same subject. He is of strong opinion that a AOS applicant is eligible for UI.
Maybe he is right but for people filing at Texas workforce, keep in mind, realcanadian is in georgia and not in texas.
ultimately it is YOUR decision.
 
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ok..sorry to beat around the bush..i was trying to argue abt stamping issues and jobs earlier

Fujis - she CAN and SHOULD apply...goto the website as i said and put the application..just fill out everything..btw they will check back with the company to make sure she was laid off and depending on her payscale..months of employment...they will decide how much and how long she will get paid...but i say start the process the day she gets laid off (i donno if u can do this as u already know abt the date)..

goastros - yeah man..i was talking abt our friends'...she got paid for almost an year...so its no big deal..

PLEASE APPLY AND GET PAID...one of the few times..we get money from the government..so dont miss out..

Madhav
 
Here is some info I quote from the MSN site. Somebody asked the similar question. Below is the reply from one member.


Some info from murthy.com
Chat User : I am in the process of changing status. Can I apply for unemployment benefits? Will I get in trouble later when I apply H-1 or PR if I try to apply for unemployment compensation?
Attorney Murthy : Yes, a non-immigrant may have a problem in taking unemployment since that could prevent the INS from allowing him/her to be considered not a financial liability on the U.S. After getting the GC, it is not a problem if applying for citizenship.

Chat User : Would it be prudent to apply for unemployment upon being laid off while still having a valid EAD and awaiting I-485 adjudication?
Attorney Murthy : Individuals who are likely to become a "public charge" are not eligible to adjust to status to permanent residence. Unemployment is generally paid for by the employer, as mandatory insurance, and not the government. However, there may be instances where it is not 100% employer supported. Therefore, although it is not absolutely clear that it will cause a problem, or even come to the attention of INS, it is also not 100% clearly safe. In general, it is best to avoid any such issues, unless there is simply no other choice. Eligibility for unemployment compensation is a matter of state law, so it is different state to state.
Chat User : Hello Ms Murthy, I have an Adjustment application pending with VSC. Will taking unemployment benefits (unemployment insurance) after a layoff, have a negative effect on my application?
Attorney Murthy : If the insurance is from a gov't-sponsored program then it could be a problem to obtain permanent residency. If it is private insurance with no gov't funding then it may be okay. Most gov't sponsored funds taken by an applicant for GC, could create problems in obtaining the GC, though all money paid into the system will be helpful after you become a GC holder to help you and your family members if certain conditions are fulfilled.
Chat User : 180 days have passed after I-485 filing. My wife, the beneficiary in the filing, got laid off recently. Is it safe for her to claim her unemployment benefit without effecting / jeopardizing her AOS? Thank you very much!
Attorney Murthy : Many scholars believe that certain types of benefits are employer paid and not a government benefit or subsidy, so should not be counted against the foreign national in denying the I-485 application. Others believe it is safest not to take any form of benefit since it reinforces the notion that the immigrant should not become a "public charge" but should be financially independent in the U.S. Also, it may be helpful to consult a benefits attorney who is more knowledgeable on some of these issues since eligibility for benefits and the impact on the immigration processing may depend on various factors.
 
I give up...I cant argue with the likes of Attorney Murthy here.
She can't even tell if the derivative should apply or not. She gives 2 options..apply or not apply. I believe everyone has those options before even posting the message.

Please remember that the amount is not few 100 $s. Its a lot of money for someone to ignore. I didn't ignore and applied though I knew from the beginning that I wouldnt get it (cuz my wife willfully quit the job..so..)

Goastros, RealCanadian..someone help me out here..:) anyone thinks I am right here?

Madhav
 
While filling out my 1040..

I came across a column which specifically mentions UI. What happens if you get an RFE and you are asked for Tax returns among other things.

Think about it.
 
Originally posted by Mad Par
I give up...I cant argue with the likes of Attorney Murthy here.
She can't even tell if the derivative should apply or not. She gives 2 options..apply or not apply. I believe everyone has those options before even posting the message.

Please remember that the amount is not few 100 $s. Its a lot of money for someone to ignore. I didn't ignore and applied though I knew from the beginning that I wouldnt get it (cuz my wife willfully quit the job..so..)

Goastros, RealCanadian..someone help me out here..:) anyone thinks I am right here?

Madhav
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I think Attorney "M" is wrong in her interpretation of public charge. Public charge is when you get assistance that ultimately come from taxpayers' pockets. I am not aware of any state in which Unemployment Insurance is paid from taxpayers' dollars. They are always paid by an insurance fund which in turn gets paid by the employer and employee.
Same argument holds good for disability insurance, what if you are injured and unable to work? Will claiming disability make you a public charge and disqualify you from adjusting status to LPR? I don't think so.
USCIS has defined public charge somewhere on their website and nowhere it says insurance payouts (disability or unemployment) are considered public charge.
 
Thanks nkm..I didnt know that..

Anyway, 1040 asks for the amount..as u have to pay tax on the money u receive. You can choose to pay the tax and get the rest or pay everything at the end..That's the reason for it to be on 1040..as far as RFE goes..if its the primary one using UI..there might be a problem..but for derivative..shouldnt be..

Madhav
 
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
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Just curious, When your friend got denied what was the process for appeal. When he appealed, Did he has to leave the country or can stay in the country ? Can he work legally during that period ?
 
Re: searched "public charge" on google, get something like this ...

Originally posted by FujiS
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
Click to expand...

Does the credit history is an issue or considered as a public charge. I have pay checks consistently for last 7 years, only once changes the job with higher pay after 200 days of I-485. There were few late payments on several instances and economy recession was one major factor which affected the credit history and all. After reading this thred i am littile conserned, Do i need to worry about my Credit History ( Even though i am fixing them over time), Even though i have the job and pay stubs consistently ?
 
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