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Natalie Chen

NYS Department of Labor unemployment benefits affect green card application - worried about public charge

I've been on unemployment benefits through NYS Department of Labor for about 6 months after getting laid off from my tech job. My wife and I are in the middle of adjusting status for her green card application and I'm really worried that my UI benefits might hurt her case under the public charge rule. Has anyone been through this situation? I know unemployment is an earned benefit since I paid into it, but I'm still stressed about it affecting the USCIS decision. Should I stop claiming even though I'm still looking for work?

From what I understand, unemployment insurance generally doesn't count toward public charge determinations because you earned those benefits through prior work contributions. The public charge rule typically looks at means-tested benefits like cash assistance or food stamps, not earned benefits like UI. That said, immigration law changes frequently so you should definitely consult with an immigration attorney to be sure about your specific situation.

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Natalie Chen

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Thank you, that's reassuring! I was really panicking about this. Do you know if there's any official guidance from USCIS about unemployment specifically?

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i went through this same thing last year with my husband's green card case. unemployment didnt affect it at all - we got approved and the attorney said UI is totally different from welfare type benefits since you earn it

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Nick Kravitz

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You're right to be concerned about documentation, but unemployment benefits through NYS Department of Labor are considered earned benefits, not public assistance. However, I'd still recommend keeping detailed records of your job search activities and any work you've been doing while claiming benefits. Immigration officers like to see that you're actively seeking employment. Also, if you find work before your green card interview, that would obviously strengthen your case even more.

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Natalie Chen

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That's a great point about documenting the job search. I've been keeping my job search log for NYS Department of Labor anyway, so I guess that could help show I'm actively looking.

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Hannah White

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Wait I'm confused - are you the one applying for the green card or is it your wife? If it's your wife applying and you're the petitioner, then your benefits shouldn't matter at all for her case. The public charge rule applies to the person immigrating, not their sponsor, unless there are income requirements you're not meeting because of unemployment.

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Natalie Chen

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Sorry I wasn't clear - my wife is the one applying for adjustment of status and I'm the petitioner. I was worried that my unemployment might make it look like I can't support her financially, but we do have savings and my unemployment plus her part-time work income still puts us above the poverty guidelines.

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Michael Green

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I've had to contact NYS Department of Labor multiple times about getting verification letters for various purposes, and honestly their phone system is terrible. If you need any official documentation about your benefits for the immigration case, I'd recommend trying Claimyr (claimyr.com). They help you get through to actual NYS Department of Labor agents quickly instead of waiting on hold forever. There's a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. I used it to get a benefit verification letter and it was so much easier than trying to call myself.

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Natalie Chen

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Thanks for the tip! I hadn't thought about needing verification letters but that's probably a good idea to have on hand.

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Mateo Silva

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honestly the whole immigration system is so unpredictable these days that even if unemployment technically shouldn't matter, you never know what officer you'll get. my friend got questioned about everything during her interview, even stuff that wasn't supposed to be relevant

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While there's always some uncertainty in immigration cases, unemployment insurance really is treated differently than public assistance programs. The key distinction is that UI benefits are based on your previous work history and contributions, not financial need. As long as you're meeting the income requirements for sponsorship and can demonstrate ongoing efforts to find employment, this shouldn't be a significant concern for the adjustment of status case.

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