Hi,

I was wondering if it would create a problem at the interview or with the Affidavit of Support if my husband will be receiving unemployment benefits while waiting for the AOS and interview?

I know that on the Affidavit of Support it says that I will have to take care of him for 3 years, but would unemployment count?

Thank you.

How can he receive unemployment if he hasn't paid into the system? I didn't think you could get it with out certain qualifiers. That's surprising.

I would think that would affect you, given that you have said that he wouldn't be a burden on the system for 10 years (not three!) by signing the affidavit.

Did I ever say that he didn't pay into the system? He was working and received checks and paid taxes.

And btw, we already filed and it's not a problem according to the INS.

Unemployment is NOT public assistance. It is from an insurance fund paid into by employers. It is more like workmans comp. However, you do have to be at least a LPR to get it because they ask for proof (at least in CA).

Thank you "me" for the reply. He actually filed today for unemployment and should receive benefits in a few weeks. He called today and was only asked what kind of status he had. Well, right now he is legal, waiting for his AOS, while having Employment Authorization. All they wanted is his A# and the day his EAD expires. And we do live in CA. So, I guess your really don't need to be an LPR, but only be legal here.

Since 1996 public benefits are not given to permanent residents any more, only to USC.

Looks like we are the two different subjects here

Not true, certain benefits you can receive if you are here legal. Check the SSA website or your local dept. of labor site

Exactly my point.

Since he already has the A# and EAD, he can get the unemployment insurance just like a LPR. What I meant was that for example people on H1 are not eligible.

I reiterate though that unemployment insurance is not Public Assistance (aka welfare).

"Me", I agree:)

A# and EAD are not enough for unemployment. I tried.

Depends on the state..

The laws of the state in which you reside govern your eligibility for unemployment and these laws vary from state to state. Generally, most states require a person be legally able to accept employment in order to be eligible to receive unemployment benefits. Under this type of scheme, individuals that hold visas with employment authorization that is not dependent on being employed with a specific employer might be able to collect unemployment benefits. This could include green card holders or persons with an EAD. However, individuals in a visa category where employment authorization is dependent on being employed with a particular employer or in a particular position might not be eligible because they would not be authorized to accept new employment. The best way to find out if you are eligible for unemployment benefits is to contact the unemployment agency in the state in which you live.

Thank you, "Okay". In our case, my husband was already approved for unemployment since he filed for AOS through me - a USC.

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