Unemployment Insurance and Public Charge?

[jeffsteinman 0]

Hi everyone! This is my first time posting on this website - what an AWESOME portal!!

My question is this. I was recently let go from my employer and qualify for EI (Un/Employment Insurance) in Canada. Is it safe to accept the EI without the INS officer considering that I might become a public charge??

In the application process, we're just about to send off our Packet 3 to Montreal, which would mean that we would be meeting with the Consular officer in let's say 1-2 months. We're doing DCF via a DS-230 (my wife is living with me in Canada and is an American Citizen).

Quick other background info: I have never been unemployed before. My wife is not working as we have a 6 month old baby (she is also on employment insurance). We do have a place to live in the U.S. and will have a co-sponsor for us, but will not have a job lined up when we get there. My field of employment is Project Management.

Any posts back would be greatly appreciated!!!! I'd like to file for EI this week if I can! Thanks.

- Jeff

[payxibka 10,045]

If I am not mistaken, in the US, UI is not a means tested benefit. However, without employment and the ability to satisfy the I-864 requirements you will have difficulty unless a co-sponsor is found.

[raymaga 25]

The foreign spouse's income does not really factor into the process. It's the income of the U.S. citizen and/or the co-sponsor that is significant.

As long as you have a co-sponsor who is willing to do the Affidavit of Support for you, you will be fine.

Lots of people from Canada were on Employment Insurance in Canada, and some even applied for it after moving to the U.S.

[jeffsteinman 0]

Thanks for the info. guys!

I guess my main concern here is; does it make any difference to the INS officer if I am working, or accepting employment insurance in making their decision regarding public charge?

My wife is living with me here and doesn't have a job, but again I will have an American co-sponsor meeting povery lines and a place to live, so that shouldn't be a problem.

Just trying to clarify and thanks again!!!

[payxibka 10,045]

They do not cars so much about the intended immigrants work situation as they are intending to immigrate. Jobless at the time of interview is not an uncommon situation....

Edited March 21, 2008 by fwaguy

[Dr. Obvious 49]

Don't worry about it too much as long as you have a good co-sponsor.

Edited March 22, 2008 by Wacken

[jeffsteinman 0]

Hey everyone. I'm still a bit worried about this.. Would it be advisable for me to wait to get my Green Card, then apply for EI, or just go ahead and apply for EI before I meet with the Consular?

[Nutty 2]

I believe Unemployment Income in not a means tested benefit. Additionally, when you file tax returns, you do need to list it and pay tax on the unemployment income.

So, in my opinion, I think you're safe.

However, you need to have enough money on last years taxes to qualify over the 125% poverty income restrictions for your household size.

AND

You will be asked on the Affidavit of Support if you are currently working.

So if not, you will need to get a Joint Sponsor or Co Sponsor.

Edited March 24, 2008 by Nutty

[payxibka 10,045]

I believe Unemployment Income in not a means tested benefit. Additionally, when you file tax returns, you do need to list it and pay tax on the unemployment income.

The means tested benefit is a US immigration matter. Unemployment Income is not a means tested benefit but it is very much a TAXABLE benefit in the US .

[jeffsteinman 0]

I believe Unemployment Income in not a means tested benefit. Additionally, when you file tax returns, you do need to list it and pay tax on the unemployment income.

The means tested benefit is a US immigration matter. Unemployment Income is not a means tested benefit but it is very much a TAXABLE benefit in the US .

Is that good or bad?

[payxibka 10,045]

I believe Unemployment Income in not a means tested benefit. Additionally, when you file tax returns, you do need to list it and pay tax on the unemployment income.

The means tested benefit is a US immigration matter. Unemployment Income is not a means tested benefit but it is very much a TAXABLE benefit in the US .

Is that good or bad?

depends on your viewpoint on taxation.....

[jeffsteinman 0]

I believe Unemployment Income in not a means tested benefit. Additionally, when you file tax returns, you do need to list it and pay tax on the unemployment income.

The means tested benefit is a US immigration matter. Unemployment Income is not a means tested benefit but it is very much a TAXABLE benefit in the US .

Is that good or bad?

depends on your viewpoint on taxation.....

But it doesn't affect my chances of immigrating right?

[payxibka 10,045]

I believe Unemployment Income in not a means tested benefit. Additionally, when you file tax returns, you do need to list it and pay tax on the unemployment income.

The means tested benefit is a US immigration matter. Unemployment Income is not a means tested benefit but it is very much a TAXABLE benefit in the US .

Is that good or bad?

depends on your viewpoint on taxation.....

But it doesn't affect my chances of immigrating right?

Well your employment situation in Canada makes no difference to US immigration officials...

[Dr. Obvious 49]

Well your employment situation in Canada makes no difference to US immigration officials...

There is nothing you can do unless you have significant financial resources. Your wife is the USC and has to prove she can support you. If you are really concerned about this, she should return and find a job before the I-864 is filed or you wait until the baby is older than try immigration again. A co-sponsor should be enough in theory, but it is up to the CO's and POE officer's discretion in the end.

[jeffsteinman 0]

Well your employment situation in Canada makes no difference to US immigration officials...

There is nothing you can do unless you have significant financial resources. Your wife is the USC and has to prove she can support you. If you are really concerned about this, she should return and find a job before the I-864 is filed or you wait until the baby is older than try immigration again. A co-sponsor should be enough in theory, but it is up to the CO's and POE officer's discretion in the end.

So even if I - as the Immigrating Candadian, were to have a $75,000/year job in Canada, the CO wouldn't care? They would only care about the USC's and Co-sponsor's financial/job status??

Again, my debate as the immigrating Canadian is to go back to work, or get EI. My wife doesn't work and I have been the main care-giver for the last two years. Would the CO frown on this?

Many thanks.