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Sionan

Claiming Unemployment during COVID-19 on EAD

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Filed: AOS (pnd) Country: Ireland
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Hi there! I received my Advanced Parole EAD and travel permit November 28th 2019 after filing in June 2019. My husband's sister (both are USC) co-signed his petition since his tax return for 2018 did not put his earnings above the required amount to support me. He is a bartender and at the time received all his income (tips) in cash. His sister co-signed and the EAD was successful and now the only thing to wait for is our interview. His current employer taxes his income fully and that is reflected on our most recent joint tax return. I have also been paying into Unemployment insurance (UI) since I came to the US on a J1 graduate work visa in January 2018. I am also a bartender and due to COVID-19, we are both unemployed since March 13th. My husband is claiming his unemployment insurance since April. I applied in mid April and received notice of my claim being approved today May 18th.

 

Background info aside,

 

1. Is it a problem for me to be claiming UI even if I am no longer receiving benefits at the time of my interview and the only reason that I claimed it was as a result of the pandemic?

 

2. Is it potentially damaging to my sister in law for me and/or my husband to be claiming since she is meant to be our financial sponsor?

 

3. Am I actually entitled to UI if I am being financially sponsored?

 

TLDR; as a EAD holder waiting on my interview for GC, should I avoid claiming unemployment in case it causes a problem for my application?

 

Any advice would be really appreciated! Thank you in advance!

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Filed: Citizen (apr) Country: Taiwan
Timeline

Unemployment insurance is not a public benefit....period.  Receiving unemployment benefits will have no effect on immigration........being unemployed might have a negative effect when submitting evidence of ability to financially support a new immigrant....

 

1.  No

2.  No.

3.  Speak with your state employment division.

 

Edited by Lucky Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

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______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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28 minutes ago, Sionan said:

as a EAD holder waiting on my interview for GC, should I avoid claiming unemployment in case it causes a problem for my application?

You can apply; UI isn't a public benefit.

29 minutes ago, Sionan said:

I have also been paying into Unemployment insurance (UI) since I came to the US on a J1 graduate work visa in January 2018.

In the majority of states, UI is funded by taxes on employers. Only three states (Alaska, New Jersey, and Pennsylvania) assess unemployment taxes on employees. On your paycheck you might see deductions for State Disability Insurance and/or Paid Family Leave.

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