Crisis and Immigrants: Does Unemployment Benefit Affect Green Card and US Citizenship

When the coronavirus hit US residents, Daphne and Alex found themselves among millions of suddenly unemployed. Before that, Daphne was preparing for a new job at a local theater in Colorado, and her husband Alex worked as a freelance designer on the schedule and worked as a barista, says NPR. Adding to the bad news is concern: Is it safe to file for unemployment benefits if one spouse is an immigrant?

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Alex is American, but Daphne is from Germany. The publication is using first names without last names as the couple is waiting for the US government to decide whether to grant Daphne a green card. This piece of paper will transform her from a temporary visitor—an international student—to a permanent U.S. resident, giving her the right to work and live with her husband in the United States.

This couple was among the half-dozen of those whose stories NPR compiled: stories of legal immigrant workers, people who earn a living and pay taxes in the United States, but still fear that unemployment benefits could jeopardize their immigration affairs. Some were waiting for their first green cards; others extended their residence permits or were about to become citizens.

“I see that many clients who are eligible for unemployment benefits are simply too afraid to apply for them,” said New York immigration lawyer Cui Yi. — Could [unemployment] somehow become a red flag for immigration authorities? This question has come up multiple times since COVID started.”

On the subject: 'Worst Ahead': US Treasury Head Expects Further Unemployment Rise

These concerns are based on the new policy of the Trump administration, which is often called the “social burden” rule: it may be difficult (or impossible) for an immigrant to obtain permanent resident status if it seems that he may need state assistance.

“I'm tired of our taxpayers paying for people to come into the country and immediately go on Social Security and other things,” President Trump said when unveiling the new rule in August.

But unemployment benefits are not social benefits. It is insurance whose costs are borne by employees and employers, not taxpayers. A U.S. Citizenship and Immigration Services spokesperson told NPR that unemployment benefits are "earned benefits" that don't count toward the criteria for a "public charge."

In fact, the “public charge” rule is not intended to benefit those applying for green card renewals or citizenship, immigration lawyers said. It applies to people applying for a green card for the first time. Yee urged concerned immigrants to seek help from lawyers if they are unsure about their protections if they receive benefits.

The Trump administration has consistently sought to limit US immigration by making more and more changes to the rules. Immigrant workers note that many things that were not previously taken into account are now taken into account when considering their immigration cases.

On the subject: How to apply for unemployment benefits: answers to key questions

“I'm not applying for unemployment benefits. “I don’t want to do this now,” said green card holder Rita, who has been working and living in California for several years. Like many, Rita and her husband lost their jobs during the pandemic. “I’m telling you, I’m afraid.”

Rita came to the United States from Guatemala to study film and acting. She is waiting for the renewal of her green card, hoping to apply for citizenship. She is worried that unemployment benefits will look like Rita is asking America for money.

“I prepared and came here legally,” she said. “I’m not here to take advantage of anything.”

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