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NicoNShawn

Collecting Unemployment while under Conditions

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Filed: Citizen (pnd) Country: Romania
Timeline

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.


Nov 19, 2007 - I-129F Sent to VSC

Nov 21, 2007 - NOA1 Notice Date

Nov 29, 2007 - NOA1 Hardcopy recieved

Dec 11, 2007 - B2 Visa Interview - denied

Dec 23, 2007 - I can't go to Romania, they won't approve her visa, so it's Italy for the holidays! :P

Jan 10, 2008 - My right ankle does a 180, trimalleolar fracture with dislocation, life takes a setback

Feb 17, 2008 - Touch --- meanwhile I begin physical therapy for the ankle

Mar 13, 2000 - Arrive on crutches to spend 2 weeks together in Iasi

Mar 16, 2008 - NOA2

Mar 20, 2008 - NVC Received

Mar 25, 2008 - Package 3 Received

May, 2008 - Doctor clears the ankle, I can go back to work

Jun 16, 2008 - We are reunited again as I take a job in Italy

Jul, 2008 - US Embassy extends our package 3 deadline to November

Sep 10, 2008 - We return to Romania to prepare for visa interview

Sep 15, 2008 - Package 3 Sent

Sep 29, 2008 - K1 Visa Interview - Approved

Oct 9, 2008 - US Entry via JFK

Dec 17, 2008 - Marriage :D

Jan 5, 2009 - AOS files along with Work Authorization and Advanced parole

Jan 13, 2009 - NOA for AOS, work authorization, and advanced parole

Mar 18, 2009 - Case transfered to California Service Center (we moved)

Apr 4, 2009 - Bio Appt

Apr 17, 2009 - EAD approved

Apr 18, 2009 - Adavanced Parole received

Apr 24, 2009 - RFE -- Immunization record smissing

Jun 10, 2009 - USCIS reports receiving RFE reponse

Jul 2, 2009 - Greencard Recieved

Apr 21, 2011 - I-751 Mailed

Apr 26, 2011 - I-751 Check cashed by the USCIS

May 7, 2011 - Biometrics Appointment Notice Recieved

May 25, 2011 - Biometrics Appointment Date

Jul 20, 2011 - I-751 Approved

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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.


K1-K2 Visas Journey

(Day 1) 05/23/07: Packet sent to CSC

(Day 247) 01/25/08: Interview. Approved!

(Day 254) 02/01/08: Visas Received.

AOS Journey K1-K2

(Day 1) 04/20/08: Application sent.

(Day 73) 07/02/08: EAD,AP Approved!

(Day 108) 08/05/08: AOS Approved!

(Day 114) 08/11/08: 2 years GC received.

ROC Journey K1-K2

(Day 1) 05/09/10: Application sent.

(Day 129) 09/14/10: ROC Approved!

(Day 135) 09/20/10: 10 years GC received.

Naturalization Journey

(Day 1) 10/02/11: Application sent.

(Day 122) 01/31/12: Interview. PASSED!

(Day 125) 02/03/12: Oath Ceremony. Done!

End of our Journey:

Daughter and I became U.S. Citizens on 02/03/2012.

(Day 1) 02/09/12: Applied for U.S. Passport & Passport card.

(Day 16) 02/24/12: Passport received.

(Day 19) 02/27/12: Passport Card received.

(Day 24) 03/03/12: Got CoN back.

N-600 for Daughter

(Day 1) 02/04/12: Application sent.

(Day 117) 05/30/12: Picked up Certificate of Citizenship at USCIS local office Chicago.

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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!


N-400 Naturalization Timeline

06/28/11 .. Mailed N-400 package via Priority mail with delivery confirmation

06/30/11 .. Package Delivered to Dallas Lockbox

07/06/11 .. Received e-mail notification of application acceptance

07/06/11 .. Check cashed

07/08/11 .. Received NOA letter

07/29/11 .. Received text/e-mail for biometrics notice

08/03/11 .. Received Biometrics letter - scheduled for 8/24/11

08/04/11 .. Walk-in finger prints done.

08/08/11 .. Received text/e-mail: Placed in line for interview scheduling

09/12/11 .. Received Yellow letter dated 9/7/11

09/13/11 .. Received text/e-mail: Interview scheduled

09/16/11 .. Received interview letter

10/19/11 .. Interview - PASSED

10/20/11 .. Received text/email: Oath scheduled

10/22/11 .. Received OATH letter

11/09/11 .. Oath ceremony

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Filed: Citizen (apr) Country: Pakistan
Timeline

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??


IR5 For Parent

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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.


K1-K2 Visas Journey

(Day 1) 05/23/07: Packet sent to CSC

(Day 247) 01/25/08: Interview. Approved!

(Day 254) 02/01/08: Visas Received.

AOS Journey K1-K2

(Day 1) 04/20/08: Application sent.

(Day 73) 07/02/08: EAD,AP Approved!

(Day 108) 08/05/08: AOS Approved!

(Day 114) 08/11/08: 2 years GC received.

ROC Journey K1-K2

(Day 1) 05/09/10: Application sent.

(Day 129) 09/14/10: ROC Approved!

(Day 135) 09/20/10: 10 years GC received.

Naturalization Journey

(Day 1) 10/02/11: Application sent.

(Day 122) 01/31/12: Interview. PASSED!

(Day 125) 02/03/12: Oath Ceremony. Done!

End of our Journey:

Daughter and I became U.S. Citizens on 02/03/2012.

(Day 1) 02/09/12: Applied for U.S. Passport & Passport card.

(Day 16) 02/24/12: Passport received.

(Day 19) 02/27/12: Passport Card received.

(Day 24) 03/03/12: Got CoN back.

N-600 for Daughter

(Day 1) 02/04/12: Application sent.

(Day 117) 05/30/12: Picked up Certificate of Citizenship at USCIS local office Chicago.

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Filed: Citizen (apr) Country: Pakistan
Timeline

"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.


IR5 For Parent

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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 by lax75

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Filed: AOS (apr) Country: Ecuador
Timeline

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!


Dec. 15, 2008- I-129F mailed in

Dec. 18, 2008- Received by VSC

Dec. 18, 2008- NOA1 issued by VSC

Dec. 23, 3008- Touched

Dec. 24, 2008- NOA1 received in mail

Apr. 9, 2009- NOA2 issued by VSC

Jan. 1, 2009- Fiances re-united! :)

.... (need to find data)

Aug. 17, 2009 POE in Miami

Oct. 30, 2009 Submitted AOS

Dec. 18, 2009 Email about approval of Advance Parole and issuance of EAD

Jan. 14, 2010 AOS interview and approval

Jan. 21, 2010 (approximately!) Green Card received in the mail

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Filed: Citizen (apr) Country: Ghana
Timeline

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.

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