remove condition and crime

[heartbeat 0]

Long story short

I had a seasonal position and I got laid off. My husband said to apply for unemployment which I did. Later I received from them a handbook and I realized I do not qualify for it. So I called EDD and let them know that I am leaving the country and do not qualify for the benefit. They told me not to send the claim form and they will consider that I gave up. So I did not send them.

So I went to my home country to visit my family for 5 weeks. While I was there my husband called me said that EDD sent the claim forms and that he sent them back,. But did not requested the money and that he got blank checks..

After 5 weeks came back to CA. And I was called for an interview with EDD.I told them that I was out of country and found out that my husband filed the claim forms and signed them and actually asked for the money. He actually got 3 checks worth of about 1000. He then signed my name cashed the checks.

After this I got a letter in the mail from EDD stating that I will not be able to get benefit for the next 3 years and I that did not give the correct information.

In a couple of weeks I have to file 751 form for remove conditions and I do not know what to answer to the q if I ever committed a crime!!!!

thanks

[sarah and hicham 3]

I'm confused. Not that I would be able to answer this question but did you tell your husband to do that or are you mad that he signed your name for the money? Is that the issue?

[Sherlock 0]

You will want to consult with someone who has more legal background than I do, but from your description it looks to me like your HUSBAND is guilty of both fraud and forgery, but you are not. If he forged your name on the forms and on the checks, it is he who committed the crime, not you.

However, if you didn't turn him in, and I'm assuming you haven't, you could be considered to be an accessory after the fact.

I've always thought that "or committed any crime for which you were not arrested" to be a pretty stupid question. If there was a lawyer who wanted to take on the goverment, he could probably argue that it violates the 5th amendment to the constitution.

[meauxna 15]

Even if you had filed the claim and accepted the money, it would not be a crime.

I do encourage you to talk with your husband about it. Why did they pay if you were not eligible in the first place? Did your husband understand the form differently from you? It doesn't matter for your immigration and you don't have to tell all here.

For others wondering, Unemployment Insurance is NOT a goverment benefit that immigrants are prohibited from accepting (means-tested benefits are).

UI is paid out of a State run fund filled (in my State, YMMV) with dollars from the employer (based on payroll).

[diadromous mermaid 36]

Even if you had filed the claim and accepted the money, it would not be a crime.

I do encourage you to talk with your husband about it. Why did they pay if you were not eligible in the first place? Did your husband understand the form differently from you? It doesn't matter for your immigration and you don't have to tell all here.

For others wondering, Unemployment Insurance is NOT a goverment benefit that immigrants are prohibited from accepting (means-tested benefits are).

UI is paid out of a State run fund filled (in my State, YMMV) with dollars from the employer (based on payroll).

I agree with the comments that Meauxna offered. I'm a little perplexed, as well, trying to understand why UI would have been paid to you if you were not eligible. UI rate is determined by your income, and 3 checks totalling $1,000 while you were out of the country for 5 weeks suggests to me that they were issued on a weekly basis. It's odd that you were not given the opportunity to offer to refund the fund for the distributions made to you in error. It's even more odd that your husband would be able to cash a check issued in your name. While it appears that the EDD overdraw is not a criminal offence, and should therefore not impact your I-751, I'd want to know more about why you have been disqualified for UI for three years.