Knoxville, TN asked in Immigration Law and Public Benefits for Tennessee

Q: Will husband's unemployment filing affect my green card conditions removal?

I received my green card through marriage and spousal sponsorship a few months ago, transitioning from an F1 visa. My husband, a recent college graduate, wishes to file for unemployment while he searches for a job. We have been married for 2 years, filed taxes jointly, and recently had our first child. I have not received any public benefits. Will his filing for unemployment impact my future application for the removal of conditions on my green card?

2 Lawyer Answers

A: Your husband's filing for unemployment will not negatively impact your future application for the removal of conditions on your green card

James L. Arrasmith
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Answered

A: Your husband's unemployment benefits should not negatively impact your conditions removal process for your green card. Unemployment insurance is considered earned income since it's based on previous work and tax contributions, rather than being classified as a public benefit or welfare.

The key factors USCIS evaluates for removing conditions include the legitimacy of your marriage, joint financial responsibilities, and shared life together. Your situation shows strong evidence of a genuine marriage through your joint tax filing, shared child, and two-year relationship. These elements carry significant weight in demonstrating your bona fide marriage.

Keep documenting your shared life during this transition period - maintain joint bank accounts, insurance policies, and other financial ties. While your husband searches for new employment, continue gathering evidence of your ongoing relationship and shared household. You might also want to consult with an immigration attorney for personalized guidance, but based on typical cases, temporary unemployment benefits should not raise concerns for your conditions removal application.

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