Unemployment Insurance while on AOS

L

longGC

Registered Users (C)
1. Can anyone take unemployment insurance while AOS is pending and 180 days have passed?

2. Does this affect GC anyway?

3. Does DOL inform BCIS about it? My argument is why do they not check with BCIS first to see whether we are leigible. Someone can do it ignorantly.

4. I see mixed reactions here. But no one supports there argument with valis links to BCIS website. Has anyone found the link?

Please help.
 
1. Yes
2. Maybe, no evidence that it will. However , remember any intention of fraud is likely to trigger a RFE.
3. The onus of proof is on you. remember you can be prosecuted upto 25 years for fraud.
4. Simple becos there is not any link to be found. As aspiring GCs you dont have rights as equal to GC holders or citizens- it is as simple as that. Why dont you scourge the unemployment benefit giving orgs documentation and let us know why you think adjustees are eligible for unemployment benefits...
 
Jaxen - Questions for you

Yes, even I do not have supporting documents.

But here is what I have to say. Let's look at only at this forum. We do not have anyone who has claimed UI and got out of it or the one who claimed UI and got in trouble. This will be practical approach. (For those who are adjustee and 180 days have passed)

UI, like any other insurance is a insurance program. It is not a charity or dole or Govt. grant. You or your empolyer pay for it in terms of premium. It actis just like Medical Insurance, Car Insurance and the Apartment Insurance.

Well, we have point that GC is based on employment and if no employment no GC; why claim UI. But then for those people who have passed 180 days, what is the use of AC21? Are they not supposed to be free to look for a job. And while they are looking for one ( in this tough economy) are they supposed to become public liability? So why not claim UI until they find a similar job?

Jaxen, you have been a Guru and have cited supporting documents (links from authentic websites) at numeroous times. But if everyone follows that all the time, we could have less questions raised on this forum.

Others are open to argue challenging anyone's point of view (including me) as this is a discussion board.
 
nkm - Oct23

nkm-oct23 has given supporting documents.

Can you get in trouble if you claim UI?

The answer therefore is YES & NO.


Yes - if you are unemployed at the time of adjusting your status and if you are interviwed at that time.

No - if you claimed in the past and have job in similar position.

Anyone else, please argue (if possible, with supporting documents)
 
Claim or not claim the UI does not have any different effect on your GC,

so why not just claim it. If you do not have a job, you will get trouble in the interview anyway. Without claiming UI does not mean you are employed. It is as simple as that.

This is my personal opinion based on common sense. Only if DOL informs the BCIS or BCIS checks the DOL database for the claim of UI, you claim of UI will meet trouble. But currently, I do not think thhere is such practice. Even as Jaxen said that you had the obligation to inform BCIS you were unemployed, which I do not know if it is true, you are unemployed anyway whether you claim UI or not. This arguement should have died long long ago. The eligibility for claiming the UI is purely depended on the State you reside. Some States may not allow non-GC holder and non-citizen to claim UI.
 
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Gking is right

Unemployed is unemployed. Filing for UI does not make you more unemployed.
What happen to the argument that GC is based on future job i.e. the one you have when your GC is approved?
The real issue is having a job for the day your GC application is ajudicated. If you are unemployed now without a job prospect, you are in a bad position.
 
Confirmed with Lawyer

I confimed with lawyer today and he said that it does NOT affect GC.
 
From Murthy website

Chat User : 180 days have passed after I-485 filing. My wife, the beneficiary in the filing, got laid off recently. Is it safe for her to claim her unemployment benefit without effecting / jeopardizing her AOS? Thank you very much!

Attorney Murthy : Many scholars believe that certain types of benefits are employer paid and not a government benefit or subsidy, so should not be counted against the foreign national in denying the I-485 application. Others believe it is safest not to take any form of benefit since it reinforces the notion that the immigrant should not become a "public charge" but should be financially independent in the U.S. Also, it may be helpful to consult a benefits attorney who is more knowledgeable on some of these issues since eligibility for benefits and the impact on the immigration processing may depend on various factors.
 
Yep. Argument it is. As long as the arguments do not digress to personal attacks or illogical conclusions, we can continue. You dont have to be apologetic for posting a counterpoint. I have acquired number of posts because I have been repeating what have I learned from for the past few years (On an average , I post at least once about a specific topic every 2nd week... Most of the time using the same words- mechanically). So these reposts are the reason for the high number:)

Now that my secret is out, let us argue some more. A reputed lawyer cannot give a straight answer. I dont think there is any black and white points you can list in this aspect. Disability insurance is different, so is a private insurance which does not report to DOL your immigration status. Beware there might be some unscrupulous claim adjusters who will claim that your immigration status makes you ineligible for benefits at some point of time.

AC21 is really not an analogical situation, since 1. Nobody prevents you from exercising AC21 and 2. BCIS has a memo out already.

The crux of the issue is whether it violates Immigration law or disproves the Intent to immigrate to make your application fraudulent.

My opinion is that no does not violate the letter of immigration law, but it definitely puts your intent under suspicion.
 
I have always thought like this:
If u file for UI, u r letting more people know that u r unemployed. So, there is more chance that u may get a employment based RFE - which u don't want when u r uenemployed. So, I will not risk it.
 
unemployment

My lawyer advised against filling for UI. But I don't understand why. It's after 180 days. So, does DOL report anything to BCIS or the other way? If anyone has any experience with this issue, pls reply.
 
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