Jump to content
CarolynSian

Claiming Unemployment as an Immigrant

 Share

75 posts in this topic

Recommended Posts

Facing the reality here in WA that I might have to claim unemployment if I’m laid off due to COVID-19. I’ve had a greencard since November 2019, I’m wondering if it will look bad to USCIS if I claim unemployment? Don’t want to appear as a financial burden to the USA when the time comes to remove the conditions on my greencard.

Link to comment
Share on other sites

What about with a EAD? My boss told me to collect but I’m not sure I can with ead..And if I can how will this look on uscis. we are closed for 2 weeks at least.. 

Link to comment
Share on other sites

Your basis for legal work doesn’t matter. If you pay into it, you can use it. It’s just like if you use medics or dental insurance.

 

The lack of employment can be a factor for AOS purposes, but if you have a suitable sponsor then you’re still fine.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites

2 hours ago, CarolynSian said:

My husband has the same employer, as my sponsor will it look bad for him to claim too?

I don’t see why off-hand. Obviously if you both became unemployed, then sponsorship becomes a question unless you have sufficient assets or a joint sponsor. But if he remains employed then I don’t think it will be an issue.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites

11 minutes ago, cd37 said:

I thought you can only claim unemployment if you are a US citizen ? 

Nope. No such requirement exists. Even non-LPRs can qualify, assuming they still had valid work authorization (in order to satisfy the "able and willing to work" requirement).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites

17 hours ago, geowrian said:

No issue. Unemployment is an insurance program that you pay into. It has no public charge implication whatsoever.

I don't know about WA but in California employees don't even pay for it, the employer does. And then the state increases their rates when someone qualifies for unemployment. 

 

OP, don't worry, you can get unemployment. Unemployment is only for people who are lose their jobs through no fault of their own and the employers who laid them off pay for it. You're not going to get in trouble. Go ahead and get your money. 

Link to comment
Share on other sites

42 minutes ago, cd37 said:

I thought you can only claim unemployment if you are a US citizen ? 

No, you can claim unemployment as long as you're able and willing to start work. So you need to have a document that makes you eligible for work in the US but it doesn't matter what type it is. 

Link to comment
Share on other sites

4 minutes ago, Orangesapples said:

I don't know about WA but in California employees don't even pay for it, the employer does. And then the state increases their rates when someone qualifies for unemployment. 

 

OP, don't worry, you can get unemployment. Unemployment is only for people who are lose their jobs through no fault of their own and the employers who laid them off pay for it. You're not going to get in trouble. Go ahead and get your money. 

Well, the employee pays into it either directly via withholdings or via such costs being built into their wage. But I get the point. 👍

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites

Hi Guys,

 

Are you SURE this is the case? I'm sure this is on the minds of every non-citizen in America right now given that a lot of people are probably about to lose their jobs. 

 

On the public charge declaration form I noted this...

 

Have you EVER received, or are currently certified to receive in the future any of the following public benefits? (select all that 
apply).

 

1. Any Federal, State, local or tribal cash assistance for income maintenance

 

Is cash assistance for income maintenance different from unemployment assistance? 

 

 

 

 

 

 

 

 

 

 

Link to comment
Share on other sites

Filed: Country: India
Timeline
6 hours ago, geowrian said:

Nope. No such requirement exists. Even non-LPRs can qualify, assuming they still had valid work authorization (in order to satisfy the "able and willing to work" requirement).

If you are on certain work visa, you cant even live in US, forget about claiming unemplyment. Still not sure abt LPRs.

Link to comment
Share on other sites

19 hours ago, geowrian said:

Yes

I was reading the news today that there may be immediate cash payments to Americans as part of a potential coronavirus stimulus package to help boost the economy. 

 

If this is approved and goes ahead I wonder if this will be for permanent residents too and if so would this affect the concern that the other user expressed?

Edited by Stark44
Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...