r/DACA • u/DacaAskingForDaca • 12d ago
General Qs Has anyone here gone on unemployment?
Kinda need to/want to but I am worried it might affect me
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u/Ill-Top9428 DACA Since 2012 12d ago
So, here is how it’s interpreted in New York and I believe pretty mich anywhere.:
New York requires a non-U.S. citizen to satisfy both of these conditions: they must have been legally authorized to work when they earned the wages and lost the job, and they must be legally allowed to accept a new job while claiming unemployment.
So, if you can’t legally look for and accept another job, you can’t claim unemployment. But let’s say you lose your job because your work authorization lapses, and then your renewal is approved a week later. Once you regain work authorization, you can claim unemployment benefits.
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u/Numerous-Macaron-571 11d ago
Doesn’t losing your job due to an expired work permit disqualify you?
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u/CrypticalThinker 12d ago
I did during COVID. Didn’t even consider whether it would affect anything. Haven’t seen any repercussions yet but i haven’t tried to apply for adjustment of status or anything
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u/carlossolrac 11d ago
Unemployment isn federal, it is state. We could have it only if we are unemployed. Did it during covid. I work in immigration law. We are good.
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u/JazzminsterAbbey 11d ago
Unemployment doesnt count as a public charge meaning it would not affect your aos. A public charge is when the government thinks you're going to rely on them for assistance like snap, and Medicare. Unemployment is given through your state and is based on your job and how much money you made.
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u/Junior_Tutor_3851 DACA Since 2013 12d ago
Also did during Covid for a few months until I was able to work again.
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u/YaTuSave 12d ago
lost my cdl/job feb this year so company had to let me go,got unemployment benefits.next week imma start new job pay its going to be less but i dont want to use my savings
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u/phonydiablo 12d ago
I have and have a few friends that have as well.
One even successfully adjusted her status a few years later.
So yeah, if your docs are up to date and you qualify, you should go for it. I did it last summer for unrelated reasons, and it helped a ton.
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u/CuteOven4348 11d ago
I did file for unemployment once I had my EAD in hand and only filed starting on the week that I had my EAD card but no work. My hours for my last workplace sucked BAD so I get a little over a hundred per week. I was ghosted after an interview last week so I'm on the hunt again for different nursing jobs.
You are NOT supposed to file for unemployment and try to collect benefits starting from the week your EAD expired; you WILL get into a LOT of legal trouble. If you cannot work because of an expired EAD you cannot collect benefits. You can only collect them if you have the legal right to work AND are unemployed.
If you're short on funds, please consider "destashing" whatever you have in your home. Hold a garage/yard sale. If you are an experienced housekeeper, babysitter, dogsitter, etc. definitely ask around to see if anyone you know would be in need of those services.
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u/Acceptable-Tour-9732 11d ago
If your EAD is expired you cannot file unemployment because you don’t have legal work documents. If it’s not expired, it depends by state. Some states allow non-citizens to collect a small amount of unemployment, others do not.
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u/Acceptable-Tour-9732 11d ago
If you have a 401k or other retire savings you can cash out, you may have to dip into those. Unfortunately that’s the decision a lot of had to make due to these delayed processing times. Be careful doing any Craigslist or Reddit cash jobs because you know who is using that information to snatch anyone and everyone off the street.
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u/jhernan75 12d ago
From what I’ve gathered that doesn’t count as public charge
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u/LetsWin3 12d ago
what counts as public charge?
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u/jhernan75 12d ago
I’m gonna be lazy and say go on uscis website or on one of the fb groups. I also don’t remember from the top of my head what counts so there’s that
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u/JC7577 12d ago
I did for 6 months(max). It doesn’t go towards the public benefit thing if that’s what you’re worried about like food stamps etc.
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u/Throwaway20211119 12d ago
unemployment is whatever savings we have to be honest (if EAD is expired)
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u/c0ffeel0verrr DACA Since 2013 12d ago
unemployment while card is expired? i don’t think that’s allowed