FIling for unemployment while in AOS
- Thread starter jac
- Start date
vipsha, please read the question carefully. This appears to be a dependent on EAD. The main applicant is still waiting for approval. I am no expert on this, and this is only my uninformed opinion. I think that if this person holds EAD (so it complies with the employability test) and is in legal status pending spouse's 485 then this person is entitled to unemployment benefits.
Anyway, I think this question about a spouse of 485 applicant asking for unemployment benefits has been asked before, so a search could lead to more advice.
My 2 cents.
Anyway, I think this question about a spouse of 485 applicant asking for unemployment benefits has been asked before, so a search could lead to more advice.
My 2 cents.
No, spouse of primary applicant can not file for unemployment benefits since at the time of filing AOS primary applicant said that spouse will be dependent on me. That's why spouse is getting GC and more over how come secondary applicant become entitle for unemployment benefits when it is for PR and Citizens only?
Now a days INS has started asking if secondary applicant ever took advantage of unemployment benefits or any other such aid from govt.
I am just thinking logically not legally, legally I don't am not sure.
Now a days INS has started asking if secondary applicant ever took advantage of unemployment benefits or any other such aid from govt.
I am just thinking logically not legally, legally I don't am not sure.
In general, having an EAD entitles you for unemployment benefits. But, this also varies from state to state. In california, unemployment benefit comes from an insurance program to which every employer has to contribute (per employee). Therefore, being on unemployment benefits does not translate into "public charge"; therefore, no issue with pending AOS.
This is not a legal advice, just my awareness of the law. Please talk to a lawyer before taking decision.
This is not a legal advice, just my awareness of the law. Please talk to a lawyer before taking decision.
Unemployment benifit while AOS?
Unemployment benifit while AOS? I don't think so!!!
Please check the information at :http://www.edd.ca.gov/uifaq6.htm#eligibility (Q#13):
13. Can individuals who are not U.S. citizens collect UI benefits?
To collect UI benefits aliens must establish that they were in satisfactory immigration status and authorized to work in the United States when earning the wages used to establish their claim. In addition, the claimant must provide proof that they remain in satisfactory immigration status and are authorized to work each week that benefits are claimed. EDD verifies immigration status and work authorization through an electronic system maintained by the Immigration and Naturalization Service.
My point is that if you really want to notice INS that you have no job and no relationship with the compamy who supports your green card? If yes, go ahead. But I still wonder if INS and EDD could approve your application for unemployment benifit.
Unemployment benifit while AOS? I don't think so!!!
Please check the information at :http://www.edd.ca.gov/uifaq6.htm#eligibility (Q#13):
13. Can individuals who are not U.S. citizens collect UI benefits?
To collect UI benefits aliens must establish that they were in satisfactory immigration status and authorized to work in the United States when earning the wages used to establish their claim. In addition, the claimant must provide proof that they remain in satisfactory immigration status and are authorized to work each week that benefits are claimed. EDD verifies immigration status and work authorization through an electronic system maintained by the Immigration and Naturalization Service.
My point is that if you really want to notice INS that you have no job and no relationship with the compamy who supports your green card? If yes, go ahead. But I still wonder if INS and EDD could approve your application for unemployment benifit.
jzh, as I said to vipsha, please note that this guy is not the main applicant. His spouse is the one having the job which did the 485. As you show pretty well on your info he should be able to apply, because he was working on EAD and he can still work in the U.S. and he is in status. However, as I said, I am not a lawyer and this is only my opinion.
By the way, I do not buy that BS about he being dependent. This is not a public charge issue, this is about being entitled or not to collect a benefit which does not qualify as a public charge. Would someone tell him to work for free as he is supposed to be a dependent of his wife? Give me a break!
My 2 cents.
By the way, I do not buy that BS about he being dependent. This is not a public charge issue, this is about being entitled or not to collect a benefit which does not qualify as a public charge. Would someone tell him to work for free as he is supposed to be a dependent of his wife? Give me a break!
My 2 cents.
Even I would not buy this dependent thing but recently my wife had interview at SFO and they asked affidavit of support which was supported by me. What does that mean ? It means she will not become public charge in any case.
Not only in our case, I have seen some other case also on this board recently. I know it was not the case but now a days lots of thing are changing per day bases. Even if you are legally allowed to have UB but who will make them (INS) understand ?
So if we re-phrase the correct answer then it will be
"Yes you can but you should not."
Not only in our case, I have seen some other case also on this board recently. I know it was not the case but now a days lots of thing are changing per day bases. Even if you are legally allowed to have UB but who will make them (INS) understand ?
So if we re-phrase the correct answer then it will be
"Yes you can but you should not."
life_on_hold
Registered Users (C)
Not a good idea !!!
It is my humble opinion that it isn't a good idea to apply for unemployment benefits during AOS processing as this defeats the very purpose of employment based green card process . You might jeopardise your 485 approval and also be not considered eligible for getting the benefits !!!. Which makes sense ... if u R going to be burden on the state collecting dole then, on what basis would you be considered for permanent residency ?
When absolutely normal cases are taking so long to process ... do you think it will be easy to get approval after you are stamped officialy as a dole collector !!! Think about it.
-life_on_hold
It is my humble opinion that it isn't a good idea to apply for unemployment benefits during AOS processing as this defeats the very purpose of employment based green card process . You might jeopardise your 485 approval and also be not considered eligible for getting the benefits !!!. Which makes sense ... if u R going to be burden on the state collecting dole then, on what basis would you be considered for permanent residency ?
When absolutely normal cases are taking so long to process ... do you think it will be easy to get approval after you are stamped officialy as a dole collector !!! Think about it.
-life_on_hold
Greg Peckton
Registered Users (C)
Not dole
I dont think umemployment income is considered "dole"
It is an insurance benefit you get because you paid monthly premiums until the event happened.
Ofcourse, how INS/BCIS looks at this can be very tricky and probably risky.
I dont think umemployment income is considered "dole"
It is an insurance benefit you get because you paid monthly premiums until the event happened.
Ofcourse, how INS/BCIS looks at this can be very tricky and probably risky.
Yes. You can. As long as you are not the primary applicant of the 485, you can apply and get the unemployment benefits on your EAD if you have worked previously and laid off. With EAD itself, you got authorization to work and when you are laid off, you can claim your unemployment comp.
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