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I-485 and Unemployment Benefit
- Thread starter qs01
- Start date
5thYearNSC
Registered Users (C)
RE:
You have to check with State\'s Employment office.
Each state may have its own rules.
Some may do for non-GC holders, some don\'t.
So, check with your State EMploymetn office!.
Wondering what INS would do? Only in its I485 application,
it asks have you ever claimed? I don\'t know if INS does verify
that during your I485 period also.
You have to check with State\'s Employment office.
Each state may have its own rules.
Some may do for non-GC holders, some don\'t.
So, check with your State EMploymetn office!.
Wondering what INS would do? Only in its I485 application,
it asks have you ever claimed? I don\'t know if INS does verify
that during your I485 period also.
Possible public charge problems - Q & A for 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
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
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
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
Please restrain from taking unemployment benefit if possible
Even under AC21, they ask for employment letter not just to check employment but to satisfy the clause that you do not become a public charge. For other categories (not employment based) you need to provide affidavit of support from a US citizen, stating that he would support the applicant and that they would not become a public charge. This is at I-485 stage. Hence, if you are receiving benefits at the time of adjusting, they they may not approve your adjustment of status. More over if you are EB based it proves that you do not have employment (in similar field!) which makes I-485 approval even with AC21 bit complicated.
Even under AC21, they ask for employment letter not just to check employment but to satisfy the clause that you do not become a public charge. For other categories (not employment based) you need to provide affidavit of support from a US citizen, stating that he would support the applicant and that they would not become a public charge. This is at I-485 stage. Hence, if you are receiving benefits at the time of adjusting, they they may not approve your adjustment of status. More over if you are EB based it proves that you do not have employment (in similar field!) which makes I-485 approval even with AC21 bit complicated.
Unemployment benefit is a company paid insurance?!
All,
Thanks for your responses. Based on my understanding, my company pays unemployment insurance (in terms of state tax?) for every employee. Does this mean every employee should get this benefit in case of necessary? I am in IL, I know some H1Bs from my company got this benefit. But, when I asked my lawyer\'s firm, they said this benefit should be to citizens and PRs only. They also said, if I insist I can ask them whether I am qualify and make sure the benefit is not related to public aid/warefare.
I am sure the benefit office would not know how it affects our I-485. If I apply for unemployment benefit, does this mean I apply public aid and become public charge? or I basically should get this benefit because my company already paid????
More comments, please. BTW, my I-485 ND=05/2001, close to the final adjudication.
All,
Thanks for your responses. Based on my understanding, my company pays unemployment insurance (in terms of state tax?) for every employee. Does this mean every employee should get this benefit in case of necessary? I am in IL, I know some H1Bs from my company got this benefit. But, when I asked my lawyer\'s firm, they said this benefit should be to citizens and PRs only. They also said, if I insist I can ask them whether I am qualify and make sure the benefit is not related to public aid/warefare.
I am sure the benefit office would not know how it affects our I-485. If I apply for unemployment benefit, does this mean I apply public aid and become public charge? or I basically should get this benefit because my company already paid????
More comments, please. BTW, my I-485 ND=05/2001, close to the final adjudication.