Can my wife file for unemployment?

[ZorValachan 0]

A quick explanation of my situation:

My wife came to the USA on a K-1 Visa in 2010. We were married and did the AOS successfully as well as the ROC. We are now in the process of getting her citizenship.

This year my wife was fired from her job. She was sexually harassed and when she formally brought this to her supervisor they quickly came up with false disciplinary actions and fired her. Currently we are going through the EEOC for the sexual harassment and retaliation illegal acts of her company. but I was wondering about if she can get unemployment benefits.

I remember with the I-134 affidavit of support document it mentions:

I could be sued if my wife becomes a public charge and specifically states food stamps, Supplemental Security Income, and Temporary Assistance to Needy Families.

Are unemployment benefits part of these things that I could be sued for or are they a separate category that is not included in the affidavit of support?

Thank you

[TeaCup 65]

*I THINK* (could be wrong) As soon as she comes a citizen, it ends your legal obligation as a sponsor, so maybe if you look into that and then have her file unemployment.

[Umka36 781]

Unemployment insurance is paid by the employer (sometimes employee), so she is fine filing a claim. It is not considered means tested benefit.

http://www.dol.gov/dol/topic/unemployment-insurance/

[NigeriaorBust 4,087]

If you are fired you are usually not able to claim unemployment.

[ZorValachan 0]

Umka36: Thank you. I wasn't thinking of means test based. That makes sense now.

NigeriaorBust: In my experience as a supervisor, the vast majority of unemployment claims (successful) are due to termination-being fired. They normally require a phone interview and in the 10 times I and other co-supervisors had to go through the phone interview on behalf of the company they ended up in the fired employee's favor-Once even when the person was sleeping on the job.

[NigeriaorBust 4,087]

So as long as the insurance was paid she is entitled , LPR or not, if her leaving meets the terms of the insurance. ( and if it does she should collect she / they paid for the insurance )

[Boiler 45,661]

It is an insured benefit.