Legal Question in Immigration Law in Virginia

Unemployment Benefit and Green Card

I am a non-resident alien and was working in the US for the past 4 years, on a G4 dependent visa. I was laid off two weeks ago. Will applying for Unemployment make me a ''Public Charge'', when i apply for Green Card in the future? I found a link on the USCIS website regarding Public Charge under Green Card. It says ''Under the Immigration and Nationality Act, an alien is deportable if he or she becomes a public charge within 5 years after the date of entry into the United States.''(i have completed only 4 year). Further it says''In order to decide whether an alien has become or is likely to become a public charge, INS and State will consider whether the alien is likely to become primarily dependent on the government for subsistence as demonstrated by either (1) the receipt of public cash assistance for income maintenance purposes, or (2) institutionalization for long-term care at government expense (other than imprisonment for conviction of a crime)''. Is unemployment benefit considered as a source of income maintenance? Any help is appreciated!


Asked on 3/09/09, 3:14 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Unemployment Benefit and Green Card

As I've answered previously on this particular issue, the receipt of unemployment beneifts is not considered in any way by the USCIS or the State Department as an indication as to "whether an alien has become or is likely to become a public charge", and should in no way prejudice nor adversely affect an application for naturalization at some later time by an alien who has received such benefits.

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Answered on 3/09/09, 5:14 pm


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