Need expert advise on Unemployment Benefit

K

knshah

Registered Users (C)
Hi guys,

I got a stamp of green card in passport about two months ago.
My wife alos got a stamp since she was a benificiary applicant.
She got laid off right after our green card stamp. We have not recieved our plastic card yet.

Please advise on,

1) can she file unemployment benefit?
2) if she can then would there be any adverse effect on our plastic card???

As always thanks for being helpful.
 
If your wife is the derivative, then she can file for un-employment benefit, without having an adverse affect. I know people have asked questions if they can file for unemployment benefits while their 485 is pending, and the answer to that was ok too.

I am concerned that when you filled your wife's 485, you must have also filled an Affidavit of Support form (I-134?). This form is a promise to USCIS that the person who you are filling for will not become a public charge.

However, filling for Unemployment benefits doesn't mean that she is becoming a public charge.

Ask your lawyer, I feel that it should be ok for a reasonable period of time.
 
After GC stamp

Since We have got the GC stamp, doest the i485 mean anything at this stage?

What all the experts think??

Yes- We can get UE without any adverse effect.
No- It may have some negative effects, may be recieving plastic card or citizenship???

Guju, thanks for your reply.

Awaiting for some serious advise.

Thanks
 
Re: After GC stamp

Originally posted by knshah
Yes- We can get UE without any adverse effect.
Click to expand...

You can both collect UI if you need to. UI is clearly stated as not falling under the "public charge" category. No worries.
 
UI comes from insurance payments companies have to pay out. The more former employees who collect insurance, the higher the companies premium will go up. When deciding to implement a RIF or layoff, this is a factor employers take into consideration.

Collecting UI should not mean the you are collecting from the government. You have the right to collect UI if you are unemployed and have worked a certain amount of hours in the past year (can't remember how much). However, collecting stat/federal benefits such as food stamps does. Of course if your I485 is still being adjudicated collecting UI is probably not a good idea.

On a personal note, my a relative was in a similar situation. She got laid off from her tech. firm and collected UI; no problems. They are applying for citizenship either this year or next.

Hope this helps.
rgds,
sadiq

(Not legal advice)
 
Hello,

I have a quick question. Is it OK to apply/collect unemployment benefits while 485 is in adjudicated process. Is it cause any problem for greencard approval.

Thanks
Satya
 
Originally posted by sathyaak
I have a quick question. Is it OK to apply/collect unemployment benefits while 485 is in adjudicated process. Is it cause any problem for greencard approval.
Click to expand...

No, but if you are the primary applicant in an EB-485 then you will need a job to get approved.
 
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