John lulu

Hi,
I need to fill out a form for my green card application. In the form, there is a question:
"Have you received public assistance in the United States from any source, including the United States government or any state, county, city or municipality ..".

For my situation, I am a Canadian (commuter) working in the states living in canada. I was laid out on Mar 22, 2002 due to bad economy. I got the U.S. unemployment benefit about 4 months.

My question is that unemployment benefit is public assistance?

If No, Can you please provide the link or document to prove that, any impact for green card application?

thanks a lot
John

ian-mstm

No... it's insurance, just like any other type of insurance policy. That which we call "unemployment insurance" is actually a *benefit* of employment... you paid into the fund and you are allowed to draw on that fund. It is *not* considered "public assistance".

Ian

dreamercon

I wouldnt be too quick to rule out unemployment benefits as being public assistance. Public assistance is a very broad term - if you were to follow ian-mstm then nothing qualifies as public assistance since anything you get from the government you may have paid for through your taxes..

ian-mstm

Except UI is a deduction at the source, and paid into the fund... it is not taxable by the government until you draw on it. As such, it is not paid out as a benefit via direct taxation. UI is *not* public assistance.

Ian

Noorah101

Unemployment insurance is not considered public assistance, nor a means-tested benefit.

Rene

Rete

I would be very quick about it. It is not a means tested benefit. Check the USCIS website and there is a list of means tested benefits and unemployment insurance is NOT on it.

Ian knows what he is talking about, you apparently do not.

Yes, welfare is funded by tax money. Unemployment insurance is funded by funds collected by the employer and the employee and is not government provided.

Rete

"laid out" that sounds more like you were in a coffin. If you laid off, you had no rights to be in the US since your TN or H-1B had then expired. Did you collect your unemployment insurance benefit while you were back living in Canada?

John lulu

thanks for your reply.
Yes, I lived in Canada during unemployment peroid, I got paid U.S. unemployment benefits in Canada.

I heard that there is a treaty between Canada and the United States concerning U.S. unemployment benefits paid to Canadians who have worked in the United States. Is that true?

Could you please tell me how to answer this question? No or Yes with explain? Any link or website you can tell that how INS define "public assistant"?

thanks very much for your help
John

ian-mstm

There is a tax treaty, but I've not heard of a treaty that deals with unemployment benefits.


I already did. Unemployment is *not* public assistance.


Rete told you what to do... it's on the USCIS web site. All you have to do is find it.

Ian

meauxna

Are you filling in form I-485? Where do you live right now?

You can google "public assistance" + INA for articles like this one that discuss the Public Charge Ground of Inadmissibility
It's my opinion that unemployment insurance is not included as a means-tested benefit.

Folinskyinla

Hi:

In answer to your direct question -- no, unemployment benefits are not "public assistance" in that it is paid for by the employers.

However, let me ask a more basic question -- what form are you talking about? If you are a commuter taking up actual residence in the United States, you file a I-90 form -- which doesn't have that question.

Clarification might be in order.

Folinskyinla

He said he was a "commuter" living in Canada and working in the United States. That means he ALREADY has a green card -- to change status, he files an I-90 -- hence my previous guestion.

John lulu

I don't have green card and just start to apply. I am a Canadian holding TN visa.

meauxna

lol, I guess I don't need to post that I was asking questions based on my observations also!

John lulu, you didn't answer the questions yet.

John lulu

Hi ian,
Sorry for my late reply. I am not filing I-485. like i said before, i just start applying for green card. I need to fill out a form provided by our company in order to begin processing. I have been living in Canada for about 8 years. I have never lived in the U.S.