Filling for 1 month of unemployment while awaiting for ROC?

[bahamamama234 25]

I've spend around 3 hours today doing research and even reading some previous topics on this website.

But answers seem to be a mix of ''yes, it's totally fine cause is not cash-aid and is not a federal benefit but something that you qualified and paid for so you are eligible and it won't affect future citizenship''

and ''Government doesn't want immigrants getting unemployment, it will affect the decision of 10 year green card and citizenship, they will charge your sponsor, you won't be able to re enter after trips''

 

I'm waiting on the approval of my 10 year green card (ROC) which I believe it will all go smooth because we supplied enough evidence (marriage based.)

 

Me and my spouse work as Vendor representatives therefore we have hours all months but not january and july when it's considered off retail season.

 

My spouse always gets unemployment for those months and so do all our co-workers.  I been working in US for 2 years, quit two jobs before, never claimed anything other than medical which is mostly my Citizen spouse that uses it, I'm on it but I've never used or went to a doctor scared that might affect my immigration...,Even tho I saved up enough money to live this month without income, it would be nice to collect a month of earned unemployment from my hard work.

 

Should I or is better not? Would it affect anything ? If I happen to travel in the future internationally for a month when I come back would that be considered ''grounds for deportation''? Thank you so much!

[bahamamama234 25]

I'm answering my own question in case someone else needs help with it.

 

There are many factors that need to be taken in consideration to say a person is going to be a public charge (age, family assets, skills, education, health)

But the only benefits considered as public charge are CASH AID benefits and MEDICAID WHEN USED FOR LONG TERM CARE (mental house or nursing home.)

Non public charge benefits include : UNEMPLOYMENT, MEDICAID FOR SHORT TERM USE, FOOD STAMPS, SCHOOL AID, NUTRITION PROGRAMS and others.

 

Therefore if you are applying for removal of conditions you will be fine unless you using cash aid or long term care under free healthcare.

Yes you can be unemployed yes you can use medicaid just make sure you don't commit fraud when applying, make sure you pay your taxes and use it WITH GOOD SENSE only if needed. 

In my case I am only using for a month and I work very hard and pay all my taxes all other months so is fine.

 

When applying for naturalization there's no need to prove you are not a public charge

 

 

links

http://www.washingtonlawhelp.org/resource/public-charge-when-is-it-safe-for-immigrants?ref=WnRln#q

 

http://www.cilawgroup.com/news/2013/01/24/public-charge-overview-and-description-are-unemployment-benefits-permitted/

 

List of:

Benefits Subject to Public Charge Consideration

USCIS guidance specifies that cash assistance for income maintenance includes Supplemental Security Income (SSI), cash assistance from the Temporary Assistance for Needy Families (TANF) program and state or local cash assistance programs for income maintenance, often called “general assistance” programs.   Acceptance of these forms of public cash assistance could make a noncitizen inadmissible as a public charge if all other criteria are met.  However, the mere receipt of these benefits does not automatically make an individual inadmissible, ineligible to adjust status to lawful permanent resident, or deportable on public charge grounds.   Each determination is made on a case-by-case basis in the context of the totality of the circumstances.  See “Field Guidance on Deportability and Inadmissibility on Public Charge Grounds,” 64 FR 28689 (May 26, 1999).

In addition, public assistance, including Medicaid, that is used to support aliens who reside in an institution for long-term care – such as a nursing home or mental health institution – may also be considered as an adverse factor in the totality of the circumstances for purposes of public charge determinations. Short-term institutionalization for rehabilitation is not subject to public charge consideration.

Benefits Not Subject to Public Charge Consideration

Under the USCIS 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 the Supplemental Nutrition Assistance Program (SNAP)- commonly referred to as 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, and other forms of earned benefits
• Unemployment compensation

 

[EM_Vandaveer 2,368]

The whole "public charge" thing is NOT an issue for ROC or naturalization.

It only matters when you are applying for your first GC (or immigrant visa).

[bahamamama234 25]

Thank you very much!  I feel more confident about taking 1 month of unemployment now and once retail season is back on me and all other vendors go back to work in an everyday basis....

 

But in a random situation that this could be a problem, it would be in the case of someone traveling abroad and come back, if it was for more than 6 months they might be deeply questioned and those things could come up and be a problem correct?

 

Not my case, the longer I would travel abroad is a month a year. Just a random situation.

To be honest I already have my extension letter but I heard in Brazil sometimes they don't understand it and then you can't leave Brazil lol so me and my spouse rather wait for the 10 year gc to travel just to be safe