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Pogue Law Firm, LLC
  
Cincinnati Immigration lawyer Christopher Pogue, Esq. - Ohio Attorney, Visas, Green Card, Citizenship, Marriage, Fiance(e) Law Office of Christopher M. Pogue, 810 Sycamore Street, Cincinnati, Ohio 45202, usa immigration, ohio immigration, cincinnati immigration, immigration legal, best immigration lawyer, top immigration lawyer, the most reviewed and highest rated immigration attorney in the Tri-state - cases include - Marriage, K-1, Adjustment of Status, Consular Processing, Naturalization, Athletes, Entertainers, Investors, Employers, and Employees.Why hire an immigration attorney? Cincinnati Immigration Lawyer, Ohio Immigration Attorney Cincinnati Immigration Lawyer, Ohio Immigration Lawyer, K visa (Fiance(e), Marriage, Green Card, CitizenshipChristopher Pogue, Ohio lawyer, Cincinnati immigration attorney, visa, citizenship, Green Card, Marriage, Fiance(e)Family visas, Fiance visas, k-1, marriage visas, parent visas, I-130, I-485, Cincinnati Immigration Lawyer US Business visas, H1-B, PERM, Green Card, EB-1, EB-2, EB-3, EB-5, national interest waiverUseful immigration linksCincinnati Immigration Lawyer BlogContact us, Cincinnati Immigration Lawyer, Ohio Immigration Attorney
Saturday, April 04 2020
Claiming Unemployment and Trump Public Charge Rules

Unemployment insurance payments are not generally taken into consideration by the U.S. Department of Homeland Security (DHS) for purposes of making a public charge determination.

As DHS explained in its final rule on inadmissibility on public charge grounds, “DHS would not consider federal and state retirement, Social Security retirement benefits, Social Security Disability, post secondary education, and unemployment benefits as public benefits under the public charge inadmissibility determination as these are considered to be earned benefits through the person’s employment and specific tax deductions.”

In addition, USCIS indicates in Volume 8, Part G, Chapter 10 of the USCIS Policy Manual that unemployment benefits are not considered by USCIS in a public charge inadmissibility determination as unemployment insurance is considered by USCIS as an “earned” benefit. For a non-exhaustive list of other public benefits that USCIS does not consider in the public charge inadmissibility determination, please see Volume 8, Part G, Chapter 10 of the USCIS Policy Manual.

The U.S. Department of State (DOS) has not confirmed whether treatment or care related to COVID-19 will be considered as part of its public charge totality of the circumstances analysis.

Moreover, the DOS Interim Final Rule and the Foreign Affairs Manual do not directly address the issue of how unemployment benefits will impact public charge determinations made by consular officers at U.S. consulates overseas. 

Posted by: Christopher M. Pogue, Esq AT 09:03 am   |  Permalink   |  Email
The Pogue Law Firm LLC
Of Counsel with the Fleischer Law Firm LLC
810 Sycamore Street, 2nd Floor - Cincinnati, Ohio 45202            



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