Can My Unemployment Insurance Negatively Affect My Sponsored I-130/485?

[Negrita]

My daughter has approved family-based I-130/485 and is waiting for an interview date. She is 22 years old, a university senior student and I am her sponsor. Could my recent application for unemployment insurance affect the USCIS decision on my daughter's AOS?. Thanks everyone for your kind help.

[newacct]

No. But they might ask for a new I-864 since your income has changed, so it might be good to get a job by the time of the interview.

[PKumar01]

As the other helpful member has said, your I-485 and I-130 petitions aren't affected by using unemployment benefits because those aren't listed as "public benefits". Meaning you can use them without having it negatively affect the totality of circumstances. However, you should plan to be employed quickly so you can continue to sponsor your daughter when it's time to submit an updated I-864 before the interview. Otherwise, consider using a joint sponsor. Also, in my opinion, due to covid-19 and it's subsequent unemployment, I'm predicting that the US consulate and USCIS will be lenient on income requirements for those who were recently affected. But you'll have to wait and see because right now the consulates are closed for visa processing.

[Negrita]

Thank you Newacct and PKumar01, kind of you. Now please let me ask a couple of questions:

Does it matter to immi officials the fact that my daugther is graduating soon?. So she will be an economically self sufficient BSc?.

In the event USCIS becomes lenient on income requirements for those recently affected by the covid19, will it have a public portal announcement, I-765 Notice, email or so?, where could I see it?.

Thank again.

[PKumar01]

In theory, yes, being a college graduate is a good "positive" factor in the totality of circumstances. This is all explained in the USCIS policy manual and the Foreign Affairs Manual. It means that officers will look at the entire "package" and see if your daughter will be self-sufficient and not become a public charge. But in practice, because she's young and has fairly no work experience (I'm assuming) it may not be as helpful as someone who may have years of work experience. But this is just speculation.

If the USCIS is practicing discretion and allowing people to meet the poverty limits without being strict, you will probably not see it anywhere in print. It will most likely be an internal policy or practice. But we don't know yet... not until the Embassy opens up again.