- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Unemployment Benefit while 485 Pending?
- Thread starter the_card
- Start date
WaitedTooLong
Registered Users (C)
from murthy chat
Chat User : Would it be prudent to apply for unemployment upon being laid off while still having a valid EAD and awaiting I-485 adjudication?
Attorney Murthy : Individuals who are likely to become a "public charge" are not eligible to adjust to status to permanent residence. Unemployment is generally paid for by the employer, as mandatory insurance, and not the government. However, there may be instances where it is not 100% employer supported. Therefore, although it is not absolutely clear that it will cause a problem, or even come to the attention of INS, it is also not 100% clearly safe. In general, it is best to avoid any such issues, unless there is simply no other choice. Eligibility for unemployment compensation is a matter of state law, so it is different state to state
Chat User : Would it be prudent to apply for unemployment upon being laid off while still having a valid EAD and awaiting I-485 adjudication?
Attorney Murthy : Individuals who are likely to become a "public charge" are not eligible to adjust to status to permanent residence. Unemployment is generally paid for by the employer, as mandatory insurance, and not the government. However, there may be instances where it is not 100% employer supported. Therefore, although it is not absolutely clear that it will cause a problem, or even come to the attention of INS, it is also not 100% clearly safe. In general, it is best to avoid any such issues, unless there is simply no other choice. Eligibility for unemployment compensation is a matter of state law, so it is different state to state