Collecting Unemployment while under Conditions

[NicoNShawn 2]

Hello,

My wife and I are a year away from the removal of conditions process and I have just been laid off work. I know that I can file for unemployement now, but I don't know how that will affect our immigration process. Will collecting unemploment hurt us? I looked ahead to all of the requested forms/evidence and didn't find anything about proving financial support at this stage, but I just want to be sure. If it is going to impact us negatively we can find a way to tough it out.

[mari&Ryan 93]

Hello,

My wife and I are a year away from the removal of conditions process and I have just been laid off work. I know that I can file for unemployement now, but I don't know how that will affect our immigration process. Will collecting unemploment hurt us? I looked ahead to all of the requested forms/evidence and didn't find anything about proving financial support at this stage, but I just want to be sure. If it is going to impact us negatively we can find a way to tough it out.

According to USCIS web site Unemployment compensation is not considerate a public charge. Therefore it should not affect your eligibility as a permanent resident (not sure about citizenship). I'm not 100% sure about it since I haven't had to deal with this so far.

Link: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=354fb2a3fffb4210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Benefits Not Subject to Public Charge Consideration

Under the agency guidance, non-cash benefits and special-purpose cash benefits that are not intended for income maintenance are not subject to public charge consideration. Such benefits include:

• Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care, and emergency medical services) other than support for long-term institutional care

• Children's Health Insurance Program (CHIP)

• Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs

• Housing benefits

• Child care services

• Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)

• Emergency disaster relief

• Foster care and adoption assistance

• Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education

• Job training programs

• In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)

• Non-cash benefits under TANF such as subsidized child care or transit subsidies

• Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination

• Unemployment compensation is also not considered for public charge purposes

Some of the above programs may provide cash benefits, such as energy assistance, transportation or child care benefits provided under TANF or the Child Care Development Block Grant (CCDBG), and one-time emergency payments under TANF. Since the purpose of such benefits is not for income maintenance, but rather to avoid the need for on-going cash assistance for income maintenance, they are not subject to public charge consideration.

[v333k 59]

Correct - financial support is not a factor in ROC and UC will not hinder the process. There is nothing you need to worry about. Just make sure all your files, evidence, and application are in order and things should be fine!

[sasaqlain 24]

According to USCIS web site Unemployment compensation is not considerate a public charge. Therefore it should not affect your eligibility as a permanent resident (not sure about citizenship). I'm not 100% sure about it since I haven't had to deal with this so far.

Link: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=354fb2a3fffb4210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Benefits Not Subject to Public Charge Consideration

Under the agency guidance, non-cash benefits and special-purpose cash benefits that are not intended for income maintenance are not subject to public charge consideration. Such benefits include:

• Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care, and emergency medical services) other than support for long-term institutional care

• Children's Health Insurance Program (CHIP)

• Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs

• Housing benefits

• Child care services

• Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)

• Emergency disaster relief

• Foster care and adoption assistance

• Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education

• Job training programs

• In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)

• Non-cash benefits under TANF such as subsidized child care or transit subsidies

• Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination

• Unemployment compensation is also not considered for public charge purposes

Some of the above programs may provide cash benefits, such as energy assistance, transportation or child care benefits provided under TANF or the Child Care Development Block Grant (CCDBG), and one-time emergency payments under TANF. Since the purpose of such benefits is not for income maintenance, but rather to avoid the need for on-going cash assistance for income maintenance, they are not subject to public charge consideration.

Strange, I was told that Medicaid and Free Health insurance would affect your ROC as its considered as a public charge and your sponsor will be held liable. That is the reason I did not apply for medicaid even though I was eligible. Can you please confirm that as a permanent resident, one can apply for Medicaid and State health insurance if eligible and will it effect ROC/Citizenship??

[mari&Ryan 93]

Strange, I was told that Medicaid and Free Health insurance would affect your ROC as its considered as a public charge and your sponsor will be held liable. That is the reason I did not apply for medicaid even though I was eligible. Can you please confirm that as a permanent resident, one can apply for Medicaid and State health insurance if eligible and will it effect ROC/Citizenship??

Hi,

I have not a deep knowledge in that matter. I just brought this link from the USCIS web to the OP to help her/him to have a point from where to start her/his look for more information about whether to get unemployment compensation is going to affect her/his immigration process in any way.

Now, what I can tell you after do some research is the follow:

• Eligibility for Medicaid can vary by state.

• Only Emergency Medicaid is not considered means tested public benefits and does not have to be repaid for the sponsor of the Immigrant.

• If the sponsored immigrant uses federal means tested public benefits, the sponsor is responsible for repaying the cost of the benefits.

I guess the sponsored immigrant is not going to be affected for using Medicaid as long her/his sponsor pay the cost of the benefits.

And, sponsored immigrant can also use Emergency Medicaid being this the only way that the sponsor has not to pay for medical cost, and it is not going to affect the immigrant status.

Sorry if I’m missing something important here. I’m just stating my point of view after to read a little about this issue. I might be quite wrong though.

[sasaqlain 24]

"I guess the sponsored immigrant is not going to be affected for using Medicaid as long her/his sponsor pay the cost of the benefits."

Now its more confusing..... Whats the point of having Medicaid/health insurance if the cost is to be paid by immigrant/sponsor.

[lax75 2]

Hello. After filing for my Removal of Conditions, I got laid off too. I filed late 2008 and got my 10 year green card middle of last year. So no its not an issue.

Edited August 19, 2010 by lax75

[mamaronga 2]

I too am curious about Health Insurance that is subsidized by the state. I understand that Permanent residents should not apply for medicaid as they will be ineligible (Medicaid will look at sponsor's income/assets when considering eligibility). However, I am unsure about my state's subsidized insurance-- does this apply to state programs as well? Does anyone have an experience using state subsidized health insurance as a Permanent resident?

THANKS!

[w8inglongtime 29]

Unemployment benefits are not public charge. It is "insurance" Your employer pays incase you are fired/laid off.

Now when it comes to medicaid, I am pretty sure it is a public charge since tax payers pick up your bill. It is a federal programme so any assistance you get from the government contradicts what the USC said on the affidavit of support. You are therefore a public charge if you accept madicaid/food stamps since it is assistance from the state/federal government.