Huntington, NY asked in Employment Discrimination, Employment Law and Immigration Law for New York

Q: can DACA file for unemployment in NY if furloughed? Will this affect the chances of applying for a green card?

2 Lawyer Answers
Ify Princess Ikeakanam
Ify Princess Ikeakanam
  • Immigration Law Lawyer
  • Charlotte, NC

A: Hi, Unemployment benefits are not Public benefits if you are worried about passing the Public Charge test in the future.

**This is not legal advise. I will be happy to discuss with you in detail about your concerns.

V. Jonas Urba
V. Jonas Urba
  • Employment Law Lawyer
  • New York, NY
  • Licensed in New York

A: What was the status of the employee during their base period or alternate base period on which DOL will calculate the employee's earnings?

If the employee possessed documents to work (whatever those might be?) during that base or alternate base period their actual status should not matter. An immigration lawyer should answer questions about potential challenges to the employee's documentation because those representations could raise concerns.

As the other attorney mentioned public charge should not matter unless the employee had no documentation at all or the documentation was not fully legitimate or truthful.

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