Will my unemployment affect my husband's legal status? 19 Answers as of December 14, 2011

If I have recently been laid off and filed for unemployment while in the process of looking for new employment, will that affect my petitioning for my husband's legal status? Will he be denied automatically?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
No, but you may need to get a co-sponsor if your income is not sufficient.
Answer Applies to: California
Replied: 12/14/2011
Matthew I. Bernstein, Attorney At Law
Matthew I. Bernstein, Attorney At Law | Matthew Ian Bernstein
You may need to obtain a co-sponsor to submit a second affidavit of support before the immigration service approves your case.
Answer Applies to: Illinois
Replied: 12/7/2011
Law Offices of Kiran Nair
Law Offices of Kiran Nair | Kiran K. Nair
Not necessarily. Depends on whether you two have a family or friend who is either US citizen or legal permanent resident willing to sponsor or sign an affidavit of support showing that he/she would be responsible so that your husband does not become burden on society. Good luck.
Answer Applies to: California
Replied: 12/7/2011
American Immigration Services, PLLC
American Immigration Services, PLLC | Lani M. Nau
No it will not affect it, but you may need a joint sponsor.
Answer Applies to: District of Columbia
Replied: 12/6/2011
The Law Offices of Kristy Qiu
The Law Offices of Kristy Qiu | Mengjun Qiu
He won't be denied automatically but he will be affected. Find a willing family member to sign an affidavit and become the new sponsor. You need to update the application as well.
Answer Applies to: Florida
Replied: 12/6/2011
Wildes & Weinberg, P.C. | Leon Wildes
If you are a US citizen, it will not stop you from filing for your husband. He may need another person to also guarantee that he will not become a public charge, though.
Answer Applies to: New York
Replied: 12/6/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
If you do not meet te affidavit of support requirements, you can use a joint sponsor. This person must be a USC ir green card holder.
Answer Applies to: California
Replied: 12/6/2011
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If you no longer derive an income and you want to petition for your spouse, you will need to find someone whose income is sufficient and who will be willing to sign the affidavit of support on your husband's behalf. That someone has to be a US citizen or a US permanent resident. It can be a relative, a friend, a co-worker, a neighbor.
Answer Applies to: California
Replied: 12/6/2011
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
The answer is it depends. Assuming your unemployment benefits are sufficient to meet the affidavit of support requirements, then you may not have any issues. However, you are receiving unemployment benefits, which are not permanent in nature. USCIS could determine your husband is likely to become a public charge. You may be asked about your employment status and must answer truthfully. You will need to bring proof of your current income to the interview. It would be in your best interest to have a co-sponsor sign an affidavit of support that you can provide at the interview. This way there will be no delays in the case and USCIS cannot deny the case solely because you are currently unemployed.
Answer Applies to: New York
Replied: 12/6/2011
Langstadt Pauly Chartered
Langstadt Pauly Chartered | Clemens W. Pauly
If you are unemployed then you may not qualify as your husband's "sponsor" for purposes of the affidavit of support and your husband would need a joint sponsor before his adjustment interview in order to get approved.
Answer Applies to: Florida
Replied: 12/6/2011
    Immigration Attorneys, LLP | Robert R. Gard
    It should have no effect, but you may need a co-sponsor to file another I-864 Affidavit of Support unless the factual situation is such that your husband's income would be a sufficient amount, and he could use his income to combine with yours as a family unit. Refer to the above materials. You are a U.S. citizen and entitled to collect unemployment insurance, at least as far as collection of same won't render you "likely to become a public charge", as that does not apply to U.S. citizens. Even if you make no income, you are still obligated to file the I-864 Affidavit of Support on behalf of your husband, but if you don't, by yourself, have sufficient income to meet the statutory requirements, that would not result in a denial of your husband's application for permanent resident status unless you were unable to secure a co-sponsor and/or your husband's income could not be used.
    Answer Applies to: Illinois
    Replied: 12/6/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    He will not be denied automatically, but you must be able to satisfy the sponsorship requirement.
    Answer Applies to: New Jersey
    Replied: 12/6/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    No, he will not be denied automatically due to your current unemployment.
    Answer Applies to: Virginia
    Replied: 12/6/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    No, your husband can still qualify for lawful resident status but will need a co-sponsor who can account for the required income and signs an additional I-864. You also can qualify yourself if you have sufficient assets to meet the require income for the current year.
    Answer Applies to: California
    Replied: 12/6/2011
    Carol Beth Wolfenson | Carol Beth Wolfenson
    No. It depends how much you are getting from unemployment.
    Answer Applies to: New York
    Replied: 12/6/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    It is not automatically denied, but you will need a joint sponsor.
    Answer Applies to: Texas
    Replied: 12/6/2011
    Kanu & Associates, P. C. | Solomon O. Kanu
    No. you still can have a co-sponsor besides icome is calculated with a lot of factors not just from job
    Answer Applies to: Arizona
    Replied: 12/6/2011
    Law Office of Bijal Jani | Bijal Jani
    Your ability to petition for your husband while being unemployed will be affected in the sense that you would have an issue with the Affidavit of Support that must be filed with the petition. If you are actively seeking employment and are employed at time of interview, you will probably not incur difficulties.
    Answer Applies to: New York
    Replied: 12/6/2011
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