Queens, NY asked in Immigration Law for New York

Q: Will my Unemployment benefits affect my wife's petition?

My wifi was unable to pass through the first interview because of income insufficiency. But now I have sent her my 2019 income tax form which meets the requirements. However she has not received her Visa.

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2 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: If your wife has been denied as likely to become a public charge, then she is inadmissible. If more than 1 year has elapsed since the decision, then you may need to file, again. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: Generally no, though under the new public charge rules it could have more of an impact than in the past. It is to note that questions about a petitioner’s unemployment benefits are not addressed on the I-944 (unemployment is not a means-tested public benefit), and since they are legitimate income, they can be used to meet income requirements for the I-864.

Stephen Arnold Black agrees with this answer

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