Right to Claim Unemployment

[eagerly 2]

My wife's adjustment of status is still pending. She got her SSN and worked for a time. Can she be eligible to claim unemployment? Will this have an implication on the pending petition? i would appreciate your quick response. Thanks

[belinda63 3,041]

Kind of confused about what her status was since you have no time line. Did she work legally? I ask this because you say her AOS is pending but I don't know if she was here on a prior visa that gave her permission to work.

Unemployment has no bearing on the AOS process since it is not considered any sort of welfare. The question would be is she eligible for unemployment determined by the state office based upon how many quarters she worked and how much she made.

[NigeriaorBust 4,087]

Did she work in a job where she paid into a unemployment fund ? How/why did she leave her old job ? Was she layed off or did she quit ? Depending on the answer she may get some money. The amount depends on how long she worked and how much she made.

[eagerly 2]

yes, she work here legally. She was issued EAD. She is worried that if she files, it might have a bad impression on my part as i have sponsored her. We are thinking that claiming unemployment could be considered a "public" burden.

[When2RNLove 6]

yes, she work here legally. She was issued EAD. She is worried that if she files, it might have a bad impression on my part as i have sponsored her. We are thinking that claiming unemployment could be considered a "public" burden.

An Employer pays into the fund, not the employee, and no, unemployment compensation is not means-tested public benefits.

[eagerly 2]

Thanks for your info...we got hold of our lawyer too and said it was ok to claim..