Unemployment benefits

J

jimmyk8888

Registered Users (C)
I have my EAD and am waiting for my GC.
My lawyer told me that I could apply for my unemployment benefits since I have an Alien#.
Should I do it?

Please advise
 
I would advise not to take it, since even AC21 now say same salary so that you wont be a burden on state. So if take Unemployement you are already a burden so if they find it they can as well reject u r case.

So upto you
 
Wrong, employment benefit are not considered "public charge". You employer pays this insurance premium every month to cover the employment benefit. INS can not deny your 485 just becuase you received unemployment benefit.

AC21 has nothing to do with taking or not taking employment benefit.

Talk to your lawyer and decide. Why leave such a good amount.
 
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Originally posted by goodsaint
Wrong, employment benefit are not considered "public charge". You employer pays this insurance premium every month to cover the employment benefit. INS can not deny your 485 just becuase you received unemployment benefit.
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It's right, but INS will deny 485, because jimmyk888 as a primary applicant doesn't have job now or cannot produce employment verification letter of course all of this may happen in case of RFE.
 
Not advisable to consider unemployment benifit for details go to murthy chat and find

Not advisable to consider unemployment benifit, for details go to murthy chat and find
 
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485 will be denied anyway if INS asks for employment verification and you are out of job. But, what is this has anything to do with unemployment benefit ?
 
Unemplyment benefit is not illegal

So INS can not reject 485 based solely on the UEB.
Besides if INS issues a EVL RFE then you need to have a job before certain time (whicch I hear INS extends if requested). If no job then 485 may be denied, on the other hand if you got the job you will anyway forego the UEB.
So why not take what is paid ?
My personal opinion, consult your lawyer for specific advice.
 
can wife get it?

I am pricinpal and still at work but my wife is out of job. Can she get the unemployment benefit?
 
It may not be a good idea to claim UEB! Here is way, for INS to issue GC one need to prove reasonably that one won't become a public charge, one has enough potential or support to earn/have living expenses. Claiming UEB sure will go in the wrong direction. Same for dependent.

Let me mention few words from a recent employment related RFE from INS CSC: "...If you were unemployed, or only employed on a part-time basis during any of the period requested above, provide a statement indicating such, along with an explanation as to how you were able to afford your living expenses..."

Let's say some one didn't have a job for few months in early stage of I-485 and claimed UEB and then by RFE/Interview time found similar job but earlier UEB claim may become an issue while GC approval.

By the way it all depends on how safe one wants to play.

-PCee
 
Does this hold true if the dependent gets UEB?

- if the primary applicant is still employed doesn't that give enough grounds on "how you are able to afford your living expenses"?.
Is this an issue only if the person (primary/dependent) gets a work related RFE?
I was under the impression that the dependent never got a work related RFE.
 
Re: Does this hold true if the dependent gets UEB?

Originally posted by PCee
It may not be a good idea to claim UEB! Here is way, for INS to issue GC one need to prove reasonably that one won't become a public charge, one has enough potential or support to earn/have living expenses. Claiming UEB sure will go in the wrong direction.
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First of all UB is not a public charge. But I agree that claiming UB for primary candidate is wrong.

Originally posted by PCee
Same for dependent.
Click to expand...

Why not?

Originally posted by PCee
Let me mention few words from a recent employment related RFE from INS CSC: "...If you were unemployed, or only employed on a part-time basis during any of the period requested above, provide a statement indicating such, along with an explanation as to how you were able to afford your living expenses..."

Let's say some one didn't have a job for few months in early stage of I-485 and claimed UEB and then by RFE/Interview time found similar job but earlier UEB claim may become an issue while GC approval.
Click to expand...

Let's say some one didn't have a job for few months in early stage of I-485 and didn’t claim UB and then by RFE/Interview time found similar job but earlier what one will say about time without job how was he able to afford living expenses? I think first thought of INS officer will be about illegal work.
 
My case

We were in a similar position - i am primary - my spouse was also working - lost job a month ago - is now on UEB. I got an RFE and so did my daughter (this was in May & August). My spouse is claiming UEB - thankfully did not trigger an RFE for my spouse nor a denial. Our cases were approved yesterday.
I don't knnow if it holds true if the primary claims UEB.
If one of you is working - i don't think you should have a problem in proving you can take care of your expenses. Just my 2cents
 
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