Claiming Unemployment as an Immigrant

[geowrian 22,337]

14 hours ago, Stark44 said:

I was reading the news today that there may be immediate cash payments to Americans as part of a potential coronavirus stimulus package to help boost the economy. 

 

If this is approved and goes ahead I wonder if this will be for permanent residents too and if so would this affect the concern that the other user expressed?

I was trying to avoid responding to this until there was more info available, but it doesn't appear that has come yet. It's just too early to know who will or won't qualify.

If an LPR does qualify, I do not see a reason not to take it or why it would be held against them.

[Tatjana&Velemir 119]

15 hours ago, Stark44 said:

I was reading the news today that there may be immediate cash payments to Americans as part of a potential coronavirus stimulus package to help boost the economy. 

 

If this is approved and goes ahead I wonder if this will be for permanent residents too and if so would this affect the concern that the other user expressed?

Wondering the same thing?  My husband has his Green Card working in a restaurant that recently closed because of COVID-19.  I know everyone he works with is going to collect unemployment but this seems like a grey area for immigrants.

[Helen Quail 28]

This is my question too in the current extraordinary circumstances. I understand the decisions regarding the one off payment which we get if filed for taxes. What I'm not clear on is the possibility and RISKS of claiming unemployment as LPRs with the public charge issue. Specifically through a K1 marriage visa. My son lost his job. I lost my part time job and all of my main income source through Air b n b. My husband and I have now sadly separated through these times and I have four children to support. I couldn't see anything on the gov website.

Any up to date advice on a fast changing situation is much appreciated

[payxibka 10,045]

3 minutes ago, Helen Quail said:

This is my question too in the current extraordinary circumstances. I understand the decisions regarding the one off payment which we get if filed for taxes. What I'm not clear on is the possibility and RISKS of claiming unemployment as LPRs with the public charge issue. Specifically through a K1 marriage visa. My son lost his job. I lost my part time job and all of my main income source through Air b n b. My husband and I have now sadly separated through these times and I have four children to support. I couldn't see anything on the gov website.

Any up to date advice on a fast changing situation is much appreciated

Many active threads on this exact topic.   Filing a UI claim is not and never has been a means tested FEDERAL benefit.   UI is administered by the state with its primary funding source the private sector employers

[geowrian 22,337]

10 minutes ago, Helen Quail said:

This is my question too in the current extraordinary circumstances. I understand the decisions regarding the one off payment which we get if filed for taxes. What I'm not clear on is the possibility and RISKS of claiming unemployment as LPRs with the public charge issue. Specifically through a K1 marriage visa. My son lost his job. I lost my part time job and all of my main income source through Air b n b. My husband and I have now sadly separated through these times and I have four children to support. I couldn't see anything on the gov website.

Any up to date advice on a fast changing situation is much appreciated

Nothing changed with eligibility due to the current situation. LPRs were eligible before, and they are now.

[Helen Quail 28]

9 minutes ago, payxibka said:

Many active threads on this exact topic.   Filing a UI claim is not and never has been a means tested FEDERAL benefit.   UI is administered by the state with its primary funding source the private sector employers

Thanks. I didn't understand that. It may help my son especially who was working full tie before the virus lay offs.

[Nitas_man 3,100]

On 3/16/2020 at 8:45 PM, UKUSA said:

Hi Guys,

 

Are you SURE this is the case? I'm sure this is on the minds of every non-citizen in America right now given that a lot of people are probably about to lose their jobs. 

 

On the public charge declaration form I noted this...

 

Have you EVER received, or are currently certified to receive in the future any of the following public benefits? (select all that 
apply).

 

1. Any Federal, State, local or tribal cash assistance for income maintenance

 

Is cash assistance for income maintenance different from unemployment assistance? 

 

 

 

 

 

 

 

 

 

 

Different from unemployment assistance means unemployment assistance is excluded

[allanr 4]

Getting into this thread a little late.... my wife didn't start work until early February, as we arrived in the USA late last year and then moved into our new home in January.  She lost her job when the preschool she worked at was mandated to close a week ago.   We live in Oregon.  The state unemployment website will not even allow us to file a claim.  They ask a question on their first page if the claimant had worked in Oregon before September 2019.  If the answer is no, it won't let you continue.

 

I've tried dozens of times to call their number but always (unsurprisingly) get either a busy signal or a did not go through message.

 

I don't have a huge issue with the logic behind this.  The counterarguments are that these are not normal times, and that we need her employment income to make ends meet in the USA.  Now that she is not working, we will be running at least a $1500 a month deficit in our income vs financial responsibilities.  The stimulus check I will eventually get will help of course.  I also have modest 401k money, but that has been hit hard by the market crash.  Not a great situation,  but others are doing far worse I'm sure.  We are glad to be in the USA and in a beautiful part of the country.

 

Anyone who has a possible workaround..please leave a reply.

Edited March 29, 2020 by allanr

[Carogray 1]

On 3/16/2020 at 12:10 AM, CarolynSian said:

Facing the reality here in WA that I might have to claim unemployment if I’m laid off due to COVID-19. I’ve had a greencard since November 2019, I’m wondering if it will look bad to USCIS if I claim unemployment? Don’t want to appear as a financial burden to the USA when the time comes to remove the conditions on my greencard.

Fortunately, unemployment insurance is not among the government's list of benefit types that make someone a likely potential public charge. https://www.nolo.com/legal-encyclopedia/will-collecting-unemployment-during-coronavirus-outbreak-make-me-a-public-charge.html

Also see WashingtonLawHelp.org Disaster Unemployment Benefits 

[InhaleExhale 28]

I wonder if self employed are as well eligible here (being a conditional LPR). I read there are apparently similar options to employed, and basically I understood if you lose income due to not being able to do business as usual that would somehow qualify..??..CA's website is so confusing, I am not finding the facts...

Does anyone have more insight?

[payxibka 10,045]

16 minutes ago, InhaleExhale said:

I wonder if self employed are as well eligible here (being a conditional LPR). I read there are apparently similar options to employed, and basically I understood if you lose income due to not being able to do business as usual that would somehow qualify..??..CA's website is so confusing, I am not finding the facts...

Does anyone have more insight?

Unless by special enactment because self employed are typically only eligible if they have paid into the fund.  Most self employed do not.  

[geowrian 22,337]

1 hour ago, allanr said:

Getting into this thread a little late.... my wife didn't start work until early February, as we arrived in the USA late last year and then moved into our new home in January.  She lost her job when the preschool she worked at was mandated to close a week ago.   We live in Oregon.  The state unemployment website will not even allow us to file a claim.  They ask a question on their first page if the claimant had worked in Oregon before September 2019.  If the answer is no, it won't let you continue.

 

I've tried dozens of times to call their number but always (unsurprisingly) get either a busy signal or a did not go through message.

 

I don't have a huge issue with the logic behind this.  The counterarguments are that these are not normal times, and that we need her employment income to make ends meet in the USA.  Now that she is not working, we will be running at least a $1500 a month deficit in our income vs financial responsibilities.  The stimulus check I will eventually get will help of course.  I also have modest 401k money, but that has been hit hard by the market crash.  Not a great situation,  but others are doing far worse I'm sure.  We are glad to be in the USA and in a beautiful part of the country.

 

Anyone who has a possible workaround..please leave a reply.

Under normal circumstances, you likely would not qualify for unemployment compensation. You have not paid into it enough/long enough to qualify for benefits yet.

 

That said, the recently passed CARES act provides extended unemployment relief criteria. I have not analyzed those sections of the act yet, but it is very possible that coverage may be possible.

This was signed into law Friday, so any eligibility criteria updates have likely not been reflected on official websites.

[janet3 1,170]

2 hours ago, allanr said:

Getting into this thread a little late.... my wife didn't start work until early February, as we arrived in the USA late last year and then moved into our new home in January.  She lost her job when the preschool she worked at was mandated to close a week ago.   We live in Oregon.  The state unemployment website will not even allow us to file a claim.  They ask a question on their first page if the claimant had worked in Oregon before September 2019.  If the answer is no, it won't let you continue.

 

I've tried dozens of times to call their number but always (unsurprisingly) get either a busy signal or a did not go through message.

 

I don't have a huge issue with the logic behind this.  The counterarguments are that these are not normal times, and that we need her employment income to make ends meet in the USA.  Now that she is not working, we will be running at least a $1500 a month deficit in our income vs financial responsibilities.  The stimulus check I will eventually get will help of course.  I also have modest 401k money, but that has been hit hard by the market crash.  Not a great situation,  but others are doing far worse I'm sure.  We are glad to be in the USA and in a beautiful part of the country.

 

Anyone who has a possible workaround..please leave a reply.

I’m sorry but there is not going to be a “work around”. I am a business owner that has 15 employees. I am struggling during this time to keep all of my employees healthy, housed and fed. 
But here’s the skinny...you have to have been working for at least 5 pay periods to claim unemployment (so they can set a standard and even then the employee will only get at the most 70% of their take home pay).

But lets get one thing straight.....your fiancé or wife came here to be with you (just a few weeks ago).... I think you are supposed to be the actual “bread winner” . Why are you concerned about what money she can make while you are not working? How are you supporting your new wife? 

[mazenkanso 9]

hello guys,

hope you are all well anf fine.

i just want to ask , i just arrived one months ago with bith my wife and daughter to the US.

My wife was about to star  work at a place and got approved but was delayed because of the corona outbreak, and i have started studying for real estate.

now are we entitled to any claim of goverment benefits?

we have received the social security card but the green card has not yet arrived since it takes 3 month.

any help would be appreciated.

please take care

[InhaleExhale 28]

3 hours ago, payxibka said:

Unless by special enactment because self employed are typically only eligible if they have paid into the fund.  Most self employed do not.  

That is what I was understanding initially, too.

Then I read this: "Gig workers and freelancers: Typically, self-employed people, freelancers and contractors can't apply for unemployment. This bill creates a new, temporary Pandemic Unemployment Assistance program through the end of this year to help people who lose work as a direct result of the public health emergency."

source: https://www.npr.org/2020/03/26/821457551/whats-inside-the-senate-s-2-trillion-coronavirus-aid-package

I will have to look into this deeper - everything seems so confusing thus far LOL