unemployment insurance and GC

A

abraradhami

New Member
I got GC approval on feb 10,2004.I got laid off from job on Feb 13,2004.Got my passport stamped on march 1,2004 and then after a few days applied for unemployment insurance.
The unemployment office asked for my green card and I showed my stamped passport,they made copies of that and told me that they have to confirm my status from INS regarding my eligibility.
Is there a problem,am I in some sort of trouble with INS.Can they revoke my GC.
Please comment
 
Quiet a few applicants rec'd RFE on their I-140 regarding company's ability to pay..I wonder INS wants to make sure people dont form a line outside unemployment office and start collecting money instead of finding a job.. maybe
 
It wasn't a very bright idea to apply for UI as soon as you got your approval. Anyway, now that you've done what you shouldn't have, you gotta hope that nothing negative comes out of it. Hopefully, nothing will happen, and you'll get your UI checks.
 
Dang it

Mavishka rightly said so. With all the complications in the GC process why would you apply for UI? Hope they don't make this a big issue for you in any way.
 
I wonder INS wants to make sure people dont form a line outside unemployment office and start collecting money instead of finding a job

They are afraid some people may switch sides and may earn more than they do - just a feeling. :D

Or maybe start asking INS in turn?(Insider Info).
 
I don't understand you guys, why we have to be left without money. We have been paying all possible taxes for a long time, and then what? He legally got his GC and has all rights to apply for UI.
What is wrong with that?
 
There's nothing wrong with that but just the fact that USCIS *might* probe whether he indeed had a job when his 485 was approved. Like I said, the probability of that happening is small but with the anti-immigrant sentiment running high you never know. Also, since he lost his job after the approval it might not be a big deal after all.
 
Legally you can apply for Unemployment benefits and actually even before GC.
But if your GC is based on a permament job and you are going for Unemployment benefits quickly after GC- BCIS may have something to say. I have heard "rumours" - some approved GCs have been revoked in the past on this issue. I am not trying to scare anyone.
HTH
 
A lot of us, migrated here because we have great skills to be competitive. If you get lay off, believe in yourself, find another job! And what's more? You already got your Green Card, even blue colar job is now open to you. Don't go looking for the unemployment line.
 
Originally posted by Aurora
I don't understand you guys, why we have to be left without money. We have been paying all possible taxes for a long time, and then what? He legally got his GC and has all rights to apply for UI.
What is wrong with that?
Click to expand...

As Maviska and Sb-tiger mentioned, INS also has a legal right to suspect that there might be some fraud, if one goes for UI immeidately [literally] after 485 approval, and hence investigate. Especially so, as this was an EB GC application. In which case there could be some problems.
Since those two are separate agencies, the chances are low, but still legally it might be a problem.
Again, not trying to scare anyone.
 
I think you are mixing two notions Welfare and Unemployment benefit.
Unemployment insurance we all pay on a regular basis each month from our salary.
That’s the insurance, and it works same way as the car insurance.
There is nothing shameful to use unemployment benefits, from mine point of view.
And doesn’t matter under what circumstances GC was approved, you earned the money, and you have a legal right to apply for it.
 
I don't think there is any shame or illegality involved with claiming Unemployment benefits. Everybody is paying taxes for it. But the issue is if you ask for benefits immediatley after GC- fraud etc may be suspected and BCIS may investigate and take action.
Some countries like Australia/Canada etc have the system that fresh immigraants can not claim Welfare for certain period of time. In US there is no such law, however the law is if fraud etc is suspected in your GC- it may be revoked. Your supposed permanent job is no more - maybe for no fault of yours- but BCIS may take action.
HTH
 
Yes, it's legal to apply for UI, but if your very basis of 485 is 'employment' does it make any sense to go on UI when your 485 is pending, is the vital general question here.

However, in the specific case of abraradhami, he lost his job after his 485 was approved, so it's unlikely that USCIS will pursue it, though there are no guarantees.
 
I am specifically aware of a case - a person with pending GC claimed UI and got GC approved without an issue. The law allows you to claim UI- if you have work authorization- it has nothing to do with GC pending or otherwise at all.
The issue is in a EB GC- if you immediately claim UI- can there be an issue. The answer is Yes. What is the possiblity- maybe small or whatever.
HTH
 
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