Will receiving NYS Department of Labor unemployment benefits affect my immigration status as public charge?
I'm really worried about applying for unemployment benefits through NYS Department of Labor because I heard it might count as public charge and hurt my green card application. My employer laid me off last month and I've been paying into the system for 3 years. I have a pending adjustment of status case and my lawyer said to be careful about any government benefits. Does anyone know if unemployment from NYS Department of Labor counts as public charge? I really need the money but I can't risk my immigration case.
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Dmitry Smirnov
Unemployment benefits are NOT considered public charge! You paid into the unemployment insurance system through payroll taxes, so it's an earned benefit, not welfare. The public charge rule specifically excludes unemployment compensation. You should be fine to file your claim with NYS Department of Labor.
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Sofia Perez
•Are you sure about this? I don't want to mess up my case. Do you have any official source I can check?
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ElectricDreamer
I was in the exact same situation 2 years ago and my immigration attorney confirmed that unemployment is NOT public charge. It's insurance you paid for through your work. I collected UI for 6 months and got my green card approved with no issues. The public charge rule covers things like food stamps, Medicaid, housing assistance - not unemployment insurance.
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Sofia Perez
•That's such a relief to hear! Did you mention the unemployment on any of your immigration forms or just not bring it up?
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ElectricDreamer
•I disclosed it on my forms because I wanted to be transparent, but my lawyer said it wasn't even necessary since it doesn't count as public charge.
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Ava Johnson
wait i thought ANY government money could be a problem for immigration?? this is confusing
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Dmitry Smirnov
•No, that's a common misconception. Only certain means-tested benefits count as public charge. Unemployment is insurance you earned through working and paying taxes.
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Miguel Diaz
The confusion comes from people not understanding the difference between earned benefits vs welfare benefits. UI is earned - you literally paid premiums for this insurance through your paychecks. Same reason Social Security isn't public charge even though it's government money. If you're still worried, call NYS Department of Labor and ask to speak with someone about this, though I've had trouble getting through lately with their phone system being so backed up.
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Zainab Ahmed
•If you need to reach NYS Department of Labor agents quickly, I used this service called Claimyr (claimyr.com) that helped me get through when I couldn't reach them myself. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped when I needed to verify some claim details.
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Connor Byrne
My cousin had the same worry but her immigration lawyer told her to definitely file for unemployment since she earned it. She's been collecting for 4 months now with no immigration issues. Don't let fear keep you from getting benefits you're entitled to!
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