Claiming Unemployment Benefit during 485 pending

S

snowball

New Member
I was laid off last month and my 485 is still pending (RD: 8/14/2002). If I claim unemployment benefit, will it affect green card approve? Has any one been this situation?:confused:
 
Originally posted by snowball
I was laid off last month and my 485 is still pending (RD: 8/14/2002). If I claim unemployment benefit, will it affect green card approve? Has any one been this situation?:confused:
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If you file for unemployment. That means you are letting them know you are out of status and chances are that your case might be denied.:rolleyes: :cool:
 
There are many threads on this. If you search you can get details. Many people says it is Insurance you can take it. But I do not know any one who actually did it and got his GC. If it is so essential you can do some other Job on your EAD. By accepting the benefits you yourself is proving that you do not have employment now. Why do' not you put this question on Murthy's Chat next week?

I do not know technically what happens but my suggestion would be not use this benefit at least before the approval of your GC.
 
Re: Re: Claiming Unemployment Benefit during 485 pending

Originally posted by SRM
If you file for unemployment. That means you are letting them know you are out of status and chances are that your case might be denied.:rolleyes: :cool:
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First off, not being employed after an I-485 is filed does NOT make one out of status. Your pending I-485 keeps you in legal status no matter what until it is ajudicated.

Second, considering that USCIS cannot reliably send information between its own offices, the odds of them discovering anything from a state Department of Labor is close to nil.
 
Originally posted by or1or2
One of the undercurrent requirements of employment based greencard (as opposed to refugee etc. type greencard) is that the applicant is not a *public burden*. Because of this very reason, it's not advisable to claim unemployment benefit while your 485 is pending.
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This is not correct. The requirement for a Green Card, employment-based or family-based, is that one not be a public charge.

However, there is a memo circulating around that clearly and explicitly states that UI does NOT make one a public charge, since it is an insurance program, not welfare. Do a search for unemployment insurance and you'll eventually find it.
 
I have a friend whoz 485 is pending..his wife got laid off and claimed unemployment..got approved...I donno if that helps..

Madhav
 
dependent claiming is different

from the primary applicant. i wouldnot claim but take it easy and get a job as soon as possible:)
 
Re: dependent claiming is different

Originally posted by tombaan
from the primary applicant. i wouldnot claim but take it easy and get a job as soon as possible:)
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It's only $1000 a month in GA, but hey, money's money when you're unemployed. Your call.
 
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