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manilaboy83

Will filing unemployment due to covid affect my i-751 application submitted last nov 2019?

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Filed: Other Country: Philippines
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Hello everyone. Im hoping i can get information regarding my situation. I work in the restaurant industry and had submitted my i-751 application last nov 2019. Due to this whole corona issue, my employer had to drastically reduce my work schedule. I am married but losing significant hours will affect our income.

 

will filing temporary unemployment be used against me by uscis and deny my i-751?

 

i will really appreciate any information. Thank you

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Filed: Citizen (pnd) Country: Indonesia
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Unemployment will not affect your I-751. 

 

Good luck to you and hope things will get better soon. 

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Filed: Other Country: Philippines
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32 minutes ago, ch3john said:

Unemployment will not affect your I-751. 

 

Good luck to you and hope things will get better soon. 

Thank you so much. This really helps. Ive been reading info online but nothing clear about unemployment being treated as public charge benefits

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Filed: Citizen (pnd) Country: Indonesia
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8 minutes ago, manilaboy83 said:

Thank you so much. This really helps. Ive been reading info online but nothing clear about unemployment being treated as public charge benefits

Nothing to worry about. Unemployment is basically insurance paid by your employer. 

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43 minutes ago, ch3john said:

Unemployment is basically insurance paid by your employer. 

Depends on state - in mine, it's paid by the employee (it's withheld from our gross pay automatically).

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

 

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I don't believe the public charge rule affects I-751 applicants, so I think you'll be fine.

 

Info here: https://lawandborder.com/highlights-of-the-dept-of-homeland-security-public-charge-rule/

💚

 

Conditional GC expires: 04/07/2020

ROC filed: 03/14/2020, delivered: 03/17/2020

Check cashed and text confirmation received: 03/24/2020, case at MSC (National Benefits Center)

NOA 1 18 month extension received: 03/27/2020

Biometrics notice: Pending

Interview notice: Pending

 

 

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Filed: Other Country: Philippines
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5 hours ago, Saphire80 said:

I don't believe the public charge rule affects I-751 applicants, so I think you'll be fine.

 

Info here: https://lawandborder.com/highlights-of-the-dept-of-homeland-security-public-charge-rule/

I appreciate this a lot! Thank you

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7 minutes ago, manilaboy83 said:

I appreciate this a lot! Thank you

No problem! I was also wondering the same for my case, so I did some searching. I found another US immigration lawyers website which said the same too, but I can't find that link again now.

💚

 

Conditional GC expires: 04/07/2020

ROC filed: 03/14/2020, delivered: 03/17/2020

Check cashed and text confirmation received: 03/24/2020, case at MSC (National Benefits Center)

NOA 1 18 month extension received: 03/27/2020

Biometrics notice: Pending

Interview notice: Pending

 

 

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On 3/17/2020 at 8:39 PM, ch3john said:

Unemployment will not affect your I-751. 

 

Good luck to you and hope things will get better soon. 

 

On 3/17/2020 at 10:08 PM, geowrian said:

Depends on state - in mine, it's paid by the employee (it's withheld from our gross pay automatically).

 

On 3/18/2020 at 8:50 AM, Saphire80 said:

I don't believe the public charge rule affects I-751 applicants, so I think you'll be fine.

 

Info here: https://lawandborder.com/highlights-of-the-dept-of-homeland-security-public-charge-rule/

 

On 3/18/2020 at 2:14 PM, Saphire80 said:

No problem! I was also wondering the same for my case, so I did some searching. I found another US immigration lawyers website which said the same too, but I can't find that link again now.

Hi guys,

 

Can anyone please share where you saw such information?

I never applied for unemployment benefits when I could have because I didn't want to jeopardise my I-751 or future N-400. I am still unemployed...

 

In addition, would applying to Medi-Cal or Medi-Care be used against I-751 and N-400?

 

Thanks!

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19 hours ago, fromthewater said:

 

 

 

Hi guys,

 

Can anyone please share where you saw such information?

I never applied for unemployment benefits when I could have because I didn't want to jeopardise my I-751 or future N-400. I am still unemployed...

 

In addition, would applying to Medi-Cal or Medi-Care be used against I-751 and N-400?

 

Thanks!

Hi Fromthewater,

 

I've found information on this from several immigration lawyers websites, although as the public charge rule is new it can be little difficult to find concrete answers right now.

 

However, this website (a very reputable organization): https://cliniclegal.org/resources/ground-inadmissibility-and-deportability/public-charge/public-charge-final-rule-faqs
 

Provides the following info:

 

Naturalization (Form N-400)
LPRs who apply to naturalize are not be subject to the public charge ground of inadmissibility. However, if the naturalization applicant traveled abroad while an LPR for more than 180 days and is also viewed by the DHS officer as someone who was likely to become a public charge at the time of readmission, the LPR could be subject to a charge of being deportable for being inadmissible at the time of admission.

 

Removal of conditional residency (Form I-751)
Conditional residents are similarly not subject to the public charge ground of inadmissibility when they apply at the two-year stage to remove the conditions (Form I-751). Since they have the same status as other LPRs, however, they would be subject to all grounds of inadmissibility if they depart the United States and then seek readmission after 180 days.

Edited by Saphire80

💚

 

Conditional GC expires: 04/07/2020

ROC filed: 03/14/2020, delivered: 03/17/2020

Check cashed and text confirmation received: 03/24/2020, case at MSC (National Benefits Center)

NOA 1 18 month extension received: 03/27/2020

Biometrics notice: Pending

Interview notice: Pending

 

 

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19 hours ago, fromthewater said:

 

 

 

Hi guys,

 

Can anyone please share where you saw such information?

I never applied for unemployment benefits when I could have because I didn't want to jeopardise my I-751 or future N-400. I am still unemployed...

 

In addition, would applying to Medi-Cal or Medi-Care be used against I-751 and N-400?

 

Thanks!

Aditionally, USCIS has updated its public charge page with information specifically pertaining to the COVID-19 pandemic:

 

https://www.uscis.gov/greencard/public-charge

💚

 

Conditional GC expires: 04/07/2020

ROC filed: 03/14/2020, delivered: 03/17/2020

Check cashed and text confirmation received: 03/24/2020, case at MSC (National Benefits Center)

NOA 1 18 month extension received: 03/27/2020

Biometrics notice: Pending

Interview notice: Pending

 

 

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  • 2 weeks later...
Filed: AOS (apr) Country: South Africa
Timeline

Link below on USCIS site states that unemployment benefits are not considered as public charge, they are earned benefits.  Hopefully the person who didnt apply can still do so and perhaps get something back from their state. Good luck!!!!

 

https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-10

 

 

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