Collecting unemployment after the I-864

[jbray]

My wife is having some serious "issues" at work (LONG story). It looks like she might get "let go". Is she able to collect unemployment, or since she is under the I-864, is she barred from that? She has a 2 year green card.

[dnoblett]

She is not barred from collecting un-employment, but the US government can go after the sponsoring US Citizen to repay the un-employment means-tested benefit. This is what the I-864 "Affidavit of Support" is all about, it holds the US Citizen responsible to provide support for the Alien Resident, not the US Government.

 

Only after your wife naturalizes and becomes a citizen, will the I-864 no longer have an effect on you.

[Randy W]

I believe they're still married, and that the state administers the unemployment.

 

However, you may wish to look into what documentation is required. Drop by the local office, or go to their website (in Texas, it's the Texas Employment Commission).

[dnoblett]

I believe they're still married, and that the state administers the unemployment.

 

However, you may wish to look into what documentation is required. Drop by the local office, or go to their website (in Texas, it's the Texas Employment Commission).

I-864 directions page 1:

The submission of this form may make the sponsored immigrant ineligible for certain Federal, State, or local means-tested public benefits, because an agency that provides means-tested public benefits will consider your resources and assets as available to the sponsored immigrant in determining his other eligibility for the program.

 

If the immigrant sponsored in this affidavit does receive one of the designated Federal, State or local means-tested public benefits, the agency providing the benefit may request that you repay the cost of those benefits. That agency can sue you if the cost of the benefits provided is not repaid.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

And from I-864P:

State Means-Tested Public Benefits. Each State will determine which, if any, of its public benefits are means-tested. If a State determines that it has programs which meet this definition, it is encouraged to provide notice to the public on which programs are included. Check with the State public assistance office to determine which, if any, State assistance programs have been determined to be State means-tested public benefits.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

Typically any benefit that pays in the form of cash is considered to be means-tested. I would check with your employment benefits office to see if your state considers unemployment to be means-tested.

[Randy W]

Yes - he may very well find out they are entitled to benefits.

[dnoblett]

Yes - he may very well find out they are entitled to benefits.

I am just stating what I-864 says, a person runs the risk of the state suing for repayment.

[Randy W]

What they may find out is that it's not a "means-tested" benefit, since it's awarded to people of all income levels, but that a lack of work history may limit her benefits.

Edited September 26, 2007 by Randy W (see edit history)

[tywy_99]

Yes - he may very well find out they are entitled to benefits.

I agree too, that the I-864 wouldn't come into play or enforced against the sponsor for unemployment benefits. That would be absurd. The only way the I-864 would be used against the sponsor is if the beneficiary was to collect means-tested public benefits such as food stamps or welfare checks (TANF) and then there's stipulations involved with that. It is all in a "gray" area in which no one wants to go to.

[Randy W]

This from the TEC website -

Taxes on covered employers payrolls began on January 1, 1936, and payments to covered eligible workers were effective January 1, 1938.

 

it is a tax paid by employers - anyone with a work history may be entitled to benefits.

[jbray]

OK, Thanks for your replies! I guess I'd better call the office and find out... SHe's been at the job for almost 2 years...

 

And yes, we are still married .

[NewDay2006]

Yes - he may very well find out they are entitled to benefits.

I agree too, that the I-864 wouldn't come into play or enforced against the sponsor for unemployment benefits. That would be absurd. The only way the I-864 would be used against the sponsor is if the beneficiary was to collect means-tested public benefits such as food stamps or welfare checks (TANF)

 

I couldn't agree more. Unemployment benefits are not considered a "public charge". If she worked for almost 2 years, she has earned the benefit, if she meets the criteria.

 

Unemployment Insurance(UI) benefits is temporary income for workers who are unemployed through no fault of their own and who are either looking for another job, have definite recall to their jobs within 6 weeks of the last day worked, or are in approved training. The funding for unemployment insurance benefits comes from taxes paid by employers. Workers do not pay any costs. Eligibility for benefits is determined based on past wages, reason for job separation, and availability and job search requirements. Claims for unemployment insurance may be filed at any Georgia Department of Labor Career Center.

Edited September 27, 2007 by NewDay2006 (see edit history)

[jbray]

Thanks Charles! Since I am in Atlanta, that's exactly what I needed to know...