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Posted (edited)

Hi there everyone,

This is my first time in the removing conditions forum (me being the the permanent resident). I was granted permanent resident status in september so I have a while to go before removing conditions yet.

However, in January, my husband (the USC) got fired unexpectedly from his job. We have been on the job search together since then and although several promising leads have come up, they have all fallen through. We are both feeling very depressed about the whole situation but we somehow managed to come up with the money for our rent and bills last month. This month we are really struggling and don't think we will be able to make it this time.

I just wanted to ask if anyone knows if my husband is allowed to claim unemployment benefit? I know that as the permanent resident, I would not be able to, but would he? It's all very confusing because I thought they granted me permanent resident status based on his job and his income that would support me? We don't want to hinder my application for removing conditions in 18 months time but we are really worried and don't know which way to turn now.

Advice is very much appreciated! Thank you.

Edited by RUSSandRACHEL
Filed: F-2A Visa Country: Jamaica
Timeline
Posted

Hi there everyone,

This is my first time in the removing conditions forum (me being the the permanent resident). I was granted permanent resident status in september so I have a while to go before removing conditions yet.

However, in January, my husband (the USC) got fired unexpectedly from his job. We have been on the job search together since then and although several promising leads have come up, they have all fallen through. We are both feeling very depressed about the whole situation but we somehow managed to come up with the money for our rent and bills last month. This month we are really struggling and don't think we will be able to make it this time.

I just wanted to ask if anyone knows if my husband is allowed to claim unemployment benefit? I know that as the permanent resident, I would not be able to, but would he? It's all very confusing because I thought they granted me permanent resident status based on his job and his income that would support me? We don't want to hinder my application for removing conditions in 18 months time but we are really worried and don't know which way to turn now.

Advice is very much appreciated! Thank you.

Yes the US Citizen can file for Unemployment benefits - it's a type of insurance available to those who worked so take advantage of it. Unemployment is not means tested government benefits.

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

Posted (edited)

Yes the USC can claim un-employment, I am confused why he didn't do this the same day he was fired.

Thank you. The reason was because we were confused as to whether it would affect my application for Removing Conditions when the time comes. This really is a last resort.

Thank you too RICARDO4EVA2! Thats very helpful.

Edited by RUSSandRACHEL
Filed: F-2A Visa Country: Jamaica
Timeline
Posted

a LPR can file it too - for the record.

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

Filed: F-2A Visa Country: Jamaica
Timeline
Posted

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

Posted

a LPR can file it too - for the record.

L...? Permanent Resident? Do you mean me? I thought that was a big no, no? Especially as I haven't started work within the United States yet either? We want to make sure we're doing everything correctly and following the law. I don't want to claim things that I am not permitted to because of my status.

Filed: F-2A Visa Country: Jamaica
Timeline
Posted

L...? Permanent Resident? Do you mean me? I thought that was a big no, no? Especially as I haven't started work within the United States yet either? We want to make sure we're doing everything correctly and following the law. I don't want to claim things that I am not permitted to because of my status.

LPR = Legal Permanent Resident

Employment can ONLY be given to those individuals who has worked and paid into the insurance/benefit. If the LPR has never worked won't get any benefit. But yes.. they qualify for that too.

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

Posted

L...? Permanent Resident? Do you mean me? I thought that was a big no, no? Especially as I haven't started work within the United States yet either? We want to make sure we're doing everything correctly and following the law. I don't want to claim things that I am not permitted to because of my status.

If you haven't worked and put into unemployment, then no you can not claim it. But it seems as if your husband have worked long enough in the US job market to have claim to unemployment benefits. p.s sometimes too much information confuses the ask er. Most states have it that you can start your unemployment claim on-line.

Posted (edited)

Ahh I see. Thank you both!

LIFESJOURNEY - you're right about too much info. I'm still a little confused with regards to the permanent resident though. What about the affadavit of support and not claiming benefits etc... and being a public charge? I was under the impression that I was not allowed to claim ANY public assistance.

Edited by RUSSandRACHEL
Filed: F-2A Visa Country: Jamaica
Timeline
Posted

Ahh I see. Thank you both!

LIFESJOURNEY - you're right about too much info. I'm still a little confused with regards to the permanent resident though. What about the affadavit of support and not claiming benefits etc... and being a public charge? I was under the impression that I was not allowed to claim ANY public assistance.

I told you previously that IT (unemployment) is not a means tested benefit.. it's more like insurance. .. it has no effect on the Affidavit of Support.

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

Filed: AOS (apr) Country: Scotland
Timeline
Posted

Hello Rachel,

As a UK citizen you may be eligible for help from these guys: http://www.britcharity.org/About/WhoWeAssist.htm

Good luck to you and your husband with everything!

05-2010 I-129F application received by USCIS.

05-2010 NOA1 received.

07-2010 NOA2 received.

07-2010 Packet 3 received.

08-2010 Packet 3 returned.

09-2010 Medical in London.

10-2010 Interview at US Embassy in London: Approved.

10-2010 POE Newark, NJ.

11-2010 Married in Vermont.

03-2011 Notice of acceptance of AOS packet.

03-2011 Biometrics appointment in St Albans.

03-2010 Case transfered to California Service Centre.

04-2011 I-485 Approved.

event.png

Posted

INFRO regarding unemployment benefits:

USC

1. IF they worked and have contributed to the insurance/benefit for unemployment they can make a claim.

2. Unemployments benefit is counted as income for the IRS/tax benefit

3. Most states have an on-line process available for the petitioner to start their claim.

LPR

Steps 1-3 listed above is also available if the LPR have worked and contributed to the unemployment benefit.

Unemployment claim is not considered to be a means benefits.

Note: I think our employment benefits is a little different in the US than in England, here you must have worked and contributed before you can claim.

So tell hubby to go-online NOW and start his claim, even if he was fired.

Posted

Rachel--

Removing conditions doesn't have any proof of income or an Affidavit of Support if that's what you're worried about. People send tax transcripts only for the purpose of showing they filed jointly. It's not about the money or lack of.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Filed: IR-1/CR-1 Visa Country: Russia
Timeline
Posted

Hi there everyone,

This is my first time in the removing conditions forum (me being the the permanent resident). I was granted permanent resident status in september so I have a while to go before removing conditions yet.

However, in January, my husband (the USC) got fired unexpectedly from his job. We have been on the job search together since then and although several promising leads have come up, they have all fallen through. We are both feeling very depressed about the whole situation but we somehow managed to come up with the money for our rent and bills last month. This month we are really struggling and don't think we will be able to make it this time.

I just wanted to ask if anyone knows if my husband is allowed to claim unemployment benefit? I know that as the permanent resident, I would not be able to, but would he? It's all very confusing because I thought they granted me permanent resident status based on his job and his income that would support me? We don't want to hinder my application for removing conditions in 18 months time but we are really worried and don't know which way to turn now.

Advice is very much appreciated! Thank you.

Anyone who has worked and contributed can file unemployment. The "claim" will be approved or denied based on the work history of the person who files. If your hubby got fired for "cause" in most states he is not eligible. If there was no fault on the claim he will probably be approved. The payments vary from state to state and are based on his last 2 quarters of income in most cases.

Most states are set up with an online system to generate the claim, go online and see if it will let you estimate the benefits. They will verify the reason for the termination after the claim is filed.

 
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