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Got laid off, can I claim unemployment? CR1 pending approval for green card.

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  • Got laid off, can I claim unemployment? CR1 pending approval for green card.

    Good morning All,

    I have a question , I got laid of work and my employer informed me I can claim unemployment as they had no work. Now my question is, i heard people with my visa status cannot claim unemployment benefits or any benefit as it will hurt my green card pending application followed by naturalization process. Is that true? I had a CR1 visa applied for green card 3 months ago. And after green card it will be for us citizenship. My state is Virginia, so my question is will this affect my case?
    regards

    Owais

  • #2
    You need unrestricted work authorization to be able to get unemployment benefits. So once you get your EAD or green card, you can. But before that, you can't.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      I have temporary green card and social secuirty I filed for taxes last year. I'm just confused that the green card I have is it recognized as permenant resident green card, and what do you mean by unrestricted work authorization

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      • #4
        Unemployment benefits are not public charge. Go ahead an collect if you are authorized to work in the USA.

        If you really have a temporary green card then you can certainly collect unemployment insurance. However, if you have a temporary green card, why are you waiting for a CR-1 visa?

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        • #5
          Originally posted by Mike E View Post
          Unemployment benefits are not public charge. Go ahead an collect if you are authorized to work in the USA.

          If you really have a temporary green card then you can certainly collect unemployment insurance. However, if you have a temporary green card, why are you waiting for a CR-1 visa?
          Cr1 is a temporary green card which expired and I I applied for I 751 to get 10 year geen card. Maybe I'm confusing myself here. So from what I'm understanding I have green card even though it is still in process. I can claim unemployment, correct?

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          • #6
            So you are using some terms incorrectly. You were a US permanent resident (i.e. "have a green card") the moment you entered the US with your immigrant visa. You are not "pending approval for a green card". When you entered, you became a conditional permanent resident (which is still a type of permanent resident), and now you are applying for Removal of Conditions to become a non-conditional permanent resident. While Removal of Conditions is pending, you remain a conditional permanent resident. You "have a green card" throughout all of this (regardless of whether the physical card is expired or not). As a US permanent resident (conditional or not), you have unrestricted work authorization, and you can get unemployment benefits if you otherwise qualify.

            This is my personal opinion and is not to be construed as legal advice.

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            • #7
              Originally posted by Owais View Post

              Cr1 is a temporary green card which expired and I I applied for I 751 to get 10 year geen card. Maybe I'm confusing myself here. So from what I'm understanding I have green card even though it is still in process. I can claim unemployment, correct?
              CR-1 is one time visa. After you use it, a two year green card shows up in the mail. If you apply for a 10 year green card between 6 months and zero days before your green card expires, your lawful permanent residence status continues until your ten year green card is denied.

              You can collect unemployment insurance until your authorization to work in the USA ends.

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