Lost job, Okay to claim UI?

waitdayandday

Registered Users (C)
I lost my job three months ago, anyone knows whether it is
okay to claim my unemployment insurance benifits?

Someone told me that DOL will sent my alien number to BCIS
or INS, is it true?

Thanks!

RD 11/??/01
ND 12/??/01
FP 04/2002
 
Last edited by a moderator:
Please let me know if you have applied

for unemployment benefit and it you have been approved.

I appreciate it a lot,

THanks,
 
From St8's link Qn 25
Q25: If a lawful permanent resident has received public benefits and leaves the country, will INS stop him or her from returning on public charge grounds?

A25: In general, a lawful permanent resident who has been outside the U.S. for 6 months or less is not screened for public charge purposes when he or she returns. This is because lawful permanent residents who leave for 6 months or less at a time are not considered applicants for admission when they return, and none of the grounds of inadmissibility, including public charge, apply to them.

There are exceptions to this general rule if (1) the alien has abandoned his or her status as a lawful permanent resident; (2) the alien has engaged in certain illegal activity; (3) the alien was in removal proceedings before he or she left the country; or (4) the alien attempts to enter other than at a port of entry. See INA section 101(a)(13)(C) for more details on these exceptions.

Q36: Is it improper for an immigration or consular officer to ask non-citizens at an airport or in an interview whether they have received public benefits in the past, or whether someone in their family has?

A36: No. Immigration or consular officers can ask questions about whether a non-citizen or someone in his or her family is receiving or has received public benefits in the past. Non-citizens should answer such questions completely and truthfully. If an alien tells an immigration or consular officer that he or she has received a benefit that is exempt from consideration for public charge purposes, such as Food Stamps or Medicaid, the officer will not use that information in deciding whether the alien is likely to become a public charge.

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.



<I>My comments </I>
If u stay in US and claim unemployment, BCIS does not seem to want to come to ur home to eject u from the country, since Qn number 1 says these checks of public charge are for denying admission(when u enter at a port of Entry) or during adjustment of Status(when u get ur GC).
Since u have GC, adjustment of Status is already over, so only question is with admissions.
So if u r claiming unemployment and decide to take a short trip to ur native country then and come back, the BCIS dude at the airport could reject ur entry. However Qn 25 says if the trip was for less than 6 months, these screenings are not done. Q36 says BCIS can ask questions, since their computer might have the infoi that u claimed unemployment, but they need not.
If u stay abroad for more than 6 months, which u cannot under unemployment(since i think u will have to visit unemployment office often etc.), then it could be an issue while asking for admissions.
Q18 says past benefits need not be an issue depending on how long ago it was.

Does it not seem that if u get unemployment and decide not to travel abroad during that period u r safe?.
Maybe best solution is never leave US till u get ur citizenship
:)
 
Top