Unemployment benefits for green card holder

[jtrh 27]

Given coronavirus, it looks like my husband, who came on a K1 visa in late 2018 and adjusted to a conditional permanent residency, might lose his job. 

 

Is he allowed to apply for unemployment benefits? My worry is the Affidavit of Support that we signed, which seemed to indicate that he would not be eligible for government support. But I'm not sure if that only pertains to things like SNAP food stamps and Medicaid. 

 

Anyone know more?

[milimelo 4,571]

He and his employer paid for that so of course he can use the unemployment benefits. 

[QueenOfBlades 224]

The I-864 (Affidavit of Support) is a legally binding contract to keep the alien with at least 125% the federal income poverty level. The alien can enforce the I-864 against the sponsor to that end. The government also requires with the I-864 that they agree to cover for welfare etc in the future, so they (government) can come after the sponsor for certain “means tested public benefits” for reimbursement. I’m not sure what type of unemployment benefits you’re talking about or if he’d even be able to if it’s public assistance. Different requirements and having to have been here a certain amount of time with so many quarters worked, and such. It’s been a while since I read the I-864 but given the criteria for being a public charge, it’s a fair bet that all income maintenance is subject to this. Keep in mind that this is an unprecedented global pandemic though and these aren’t normal times. I’ve already read about Trump trying to do something for those out of work. 

 

Non-citizen eligibility for public benefits:

 

https://fas.org/sgp/crs/misc/RL33809.pdf

 

LPRs are not subject to the public charge rule when removing conditions or naturalizing. Just keep in mind though that every approval is always at the IO’s discretion and if it’s excessive, it might be something they consider. But no, he isn’t subject to the public charge rule.

I’ve included a link below to USCIS which details all that the new rule includes, including any federal, state, local or tribal income maintenance. 

 

https://cliniclegal.org/resources/ground-inadmissibility-and-deportability/public-charge/public-charge-final-rule-faqs
 

Naturalization (Form N-400)
LPRs who apply to naturalize are not be subject to the public charge ground of inadmissibility. 
 

Removal of conditional residency (Form I-751)
Conditional residents are similarly not subject to the public charge ground of inadmissibility when they apply at the two-year stage to remove the conditions (Form I-751). Since they have the same status as other LPRs, however, they would be subject to all grounds of inadmissibility if they depart the United States and then seek readmission after 180 days.

https://www.uscis.gov/greencard/public-charge

 

A. DHS will only consider public benefits as listed in the rule:    

• Any federal, state, local or tribal cash assistance for income maintenance    

  • Supplemental Security Income 

  • Temporary Assistance for Needy Families 

  • Federal, State, local, or tribal cash benefit programs for income maintenance (often called General Assistance in the state context, but which may exist under other names)