Public charge- sponsor applying for unemployment benefits

[floatyrational]

Hi everyone- I have a conditional green card because of marriage to my USC wife. She is also my sponsor.
she was laid off unexpectedly and thinking of filing for unemployment benefits. Will this have any impact on my permanent green card application (still almost 2 years away).

thank you for your inputs.

[immquestion]

Hi everyone- I have a conditional green card because of marriage to my USC wife. She is also my sponsor.
she was laid off unexpectedly and thinking of filing for unemployment benefits. Will this have any impact on my permanent green card application (still almost 2 years away).

thank you for your inputs.

watch this



Got this from one of the State govt website

Immigrants can also safely obtain many forms of assistance that are NOT CONSIDERED in the “public charge” test, including:

• Unemployment benefits
• WIC (Women, Infants and Children) Nutrition Program
• School meals, as well as Pandemic EBT benefits to replace school meals
• Help from a private source, such as a church or local nonprofit
• Emergency food at food pantries or community meals programs

[verbose]

Expect this to start getting eased up in the Biden administration.

[ajih]

Unemployment benefits are not public benefits. They are funded out of insurance paid you employee + employer (except the $600 / $300 top offs that have happened in the current covid times). So AFIK - no concerns with using them.

[floatyrational]

Thank you for the answers. I did a little more research and as I understand- the public charge rule will not apply to the conditional green card holder unless he/she is out of the country for more than 180 days and trying to come back in. Otherwise, the adjustment of status is done and the public charge rule has already been applied to the applicant before.

please let me know if that is not the groups understanding. Thank you again!

[Poramin]

Thank you for the answers. I did a little more research and as I understand- the public charge rule will not apply to the conditional green card holder unless he/she is out of the country for more than 180 days and trying to come back in. Otherwise, the adjustment of status is done and the public charge rule has already been applied to the applicant before.

please let me know if that is not the groups understanding. Thank you again!

The public charge ground of inadmissibility has been a part of the U.S. immigration law for more than 100 years.

An alien who is likely at any time to become a public charge is generally inadmissible to the United States and ineligible to become a lawful permanent resident. Under the final rule, a public charge is defined as an alien who has received one or more public benefits, as defined in the rule, for more than 12 months within any 36-month period.

However, receiving public benefits does not automatically make an individual likely at any time in the future to become a public charge. This fact sheet provides information about public charge and public benefits to help noncitizens make informed choices about whether to apply for certain public benefits. You may also find information about the rule on our public charge

The final rule addresses the public charge ground of inadmissibility, the public benefit condition application, classifications exempt from the public charge ground of inadmissibility, and public charge bonds.

Definition of Public Charge


The final rule defines public charge as an alien who receives one or more public benefits (as defined in the final rule) for more than 12 months, in total, within any 36-month period (such that, for instance, receipt of two benefits in one month counts as two months).

Under the final rule, “likely at any time to become a public charge” means more likely than not at any time in the future to become a public charge (in other words, more likely than not at any time in the future to receive one or more of the public benefits (as defined in the final rule) for more than 12 months, in total, within any 36-month period, such that, for instance, receipt of two benefits in one month counts as two months).

We determine inadmissibility based on the public charge ground by looking at the factors outlined in 8 CFR 212.22. Our adjudicating officers review the totality of an alien’s circumstances when deciding whether an applicant is likely at any time to become a public charge. This means that the adjudicating officer must weigh both the positive and negative factors. As required by section 212(a)(4) of the INA, 8 U.S.C. 1182(a)(4), and by this final rule, when making a public charge inadmissibility determination, a USCIS officer must consider the applicant’s:

• Age;
• Health;
• Family status;
• Assets, resources, and financial status;
• Education and skills;
• Prospective immigration status;
• Expected period of admission; and
• Sufficient Affidavit of Support Under Section 213A of the INA, Form I-864 or Form I-864EZ, when required under section 212(a)(4)(C) or (D) of the INA, 8 U.S.C. 1182(a)(4)(C) or (D).

No single factor makes an alien inadmissible based on the public charge ground, except not filing a sufficient Form I-864 or Form I-864EZ, when required. The determination of an alien’s likelihood of becoming a public charge at any time in the future is a prospective determination that is based on the totality of the alien’s circumstances and by weighing all of the factors that are relevant to the alien’s case.

How long you are out of the country is not related to 'Public Charge.' Becoming a Public Charge is about possibly becoming a Welfare recipient such as Medicaid or SNAP (Government provided prepaid debit card for food). Another phrase you may hear is Means Tested Benefit. A 'Means Tested Benefit' is a benefit provided to someone based on them being below income standards (in other words, they make too little income).

Unemployment payments to you or your spouse are NOT a Means Tested Benefit.

I should also add that needing emergency medical assistance is not a factor in becoming a public charge. Before I met my wife (who I am sponsoring), she needed emergency medical assistance and she was concerned that it may factor against her. The research above shows that it was not a concern.