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Sionan

Claiming Unemployment during COVID-19 on EAD

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Filed: AOS (pnd) Country: Ireland
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Hi there! I received my Advanced Parole EAD and travel permit November 28th 2019 after filing in June 2019. My husband's sister (both are USC) co-signed his petition since his tax return for 2018 did not put his earnings above the required amount to support me. He is a bartender and at the time received all his income (tips) in cash. His sister co-signed and the EAD was successful and now the only thing to wait for is our interview. His current employer taxes his income fully and that is reflected on our most recent joint tax return. I have also been paying into Unemployment insurance (UI) since I came to the US on a J1 graduate work visa in January 2018. I am also a bartender and due to COVID-19, we are both unemployed since March 13th. My husband is claiming his unemployment insurance since April. I applied in mid April and received notice of my claim being approved today May 18th.

 

Background info aside,

 

1. Is it a problem for me to be claiming UI even if I am no longer receiving benefits at the time of my interview and the only reason that I claimed it was as a result of the pandemic?

 

2. Is it potentially damaging to my sister in law for me and/or my husband to be claiming since she is meant to be our financial sponsor?

 

3. Am I actually entitled to UI if I am being financially sponsored?

 

TLDR; as a EAD holder waiting on my interview for GC, should I avoid claiming unemployment in case it causes a problem for my application?

 

Any advice would be really appreciated! Thank you in advance!

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Filed: Citizen (apr) Country: Taiwan
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Unemployment insurance is not a public benefit....period.  Receiving unemployment benefits will have no effect on immigration........being unemployed might have a negative effect when submitting evidence of ability to financially support a new immigrant....

 

1.  No

2.  No.

3.  Speak with your state employment division.

 

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28 minutes ago, Sionan said:

as a EAD holder waiting on my interview for GC, should I avoid claiming unemployment in case it causes a problem for my application?

You can apply; UI isn't a public benefit.

29 minutes ago, Sionan said:

I have also been paying into Unemployment insurance (UI) since I came to the US on a J1 graduate work visa in January 2018.

In the majority of states, UI is funded by taxes on employers. Only three states (Alaska, New Jersey, and Pennsylvania) assess unemployment taxes on employees. On your paycheck you might see deductions for State Disability Insurance and/or Paid Family Leave.

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