How to return the employment payments

[sam_nyc]

What is the name of your state (only U.S. law)? New York

i have a valid EAD and i have been drawing umemployment benefits intermittantly for the past 15 months (all in 24 weeks of payments) after getting laid off early 2008. i recently heard if i keep drawing benefits, it may result in non-approval of Green Card. I have read legal opinion that drawing unemployment benefit should not matter at the time of GC approval. However, i think it would be better to be safe.

my question is - can i send a letter to the Dept of Labor, NY State along with a check of the entire amount that i have drawn mentioning the above reason? Will they accept it? also, once they accept it, can they do reverse entry in my account?

please advise.What is the name of your state (only U.S. law)?

[pattytx]

Where did you hear that from? Have you spoken to an immigration attorney?

Were you authorized to work in the United States?

[Zigner]

If you can afford to repay it, why are you drawing it?

[sam_nyc]

Originally Posted by pattytx

Where did you hear that from? Have you spoken to an immigration attorney?

Were you authorized to work in the United States?

Yes I have been authorized to work

[sam_nyc]

Originally Posted by Zigner

If you can afford to repay it, why are you drawing it?

i am not drawing.. i thought i was authorized to claim unemployment. but now realize it wasn't such a good idea if it can impact GC.

I have not consulted an immigration attorney as yet. but heard from friends / online forums.

[pattytx]

I am not an attorney and you need to speak with one before you do anything. If you are legally authorized to work in the US, you are as entitled to collect UI benefits as any other person legally authorized to work in the US, including US citizens/resident aliens. Don't be paying back money you before you get the advice of an immigration lawyer.

[commentator]

Auuughhhh!! Read and reread Pattytx's post above please!

In the first place, these two departments do not mix, being state and federal, as far as one looking to see what the other is doing, except that unemployment did verify your status before signing you up, we hope.

In the second place, trying to send unemployment benefits back would be so totally inappropriate, unless you are actually tapped for fraud by the state unemployment system, determined to have an overpayment and you are ordered to send the money back and told where to send it!!! Just sending it at random to the state office would not work well!

It would do nothing but cause a lot of flak for you, would accomplish nothing concerning your immigration status. You are talking to some people who are giving you some very bad wrong information! I strongly suggest that as patty suggested, when you want information about your immigration status, you get yourself the advice of a good immigration lawyer. Forget you unemployment insurance as a factor in this!!

If you are approved for unemployment, it has nothing in the world to do with your financial situation or your ability to pay the money back. You do not get unemployment based on your income or how poor you are or how much money you have or need.

You get unemployment in every state based on the quarters you have worked for covered employers and the reason you were separated from them. If you are determined to be eligible, you would certainly not need to try to pay the money back because it will cause someone to look more kindly on you in immigration issues.

If the state system were to decide you were receiving benefits illegally because of your immigration status, the overpayment unit or fraud unit of the state would contact you, and then they would ask for their money back. Don't be crazy and try to pay somebody who's not asking you to.

I do not think you need to see an attorney before you re-open your claim and continue to draw unemployment benefits. There are thousands and thousands of people in your situation who are receiving unemployment benefits. Not receiving them because you are afraid of your immigration status is ridiculous. If you are drawing benefits, you are either job attached to an employer who is letting you go intermittently based on their work flow, or you are actively seeking other work, right? There is no virtue in not getting your unemployment insurance any more than not using your health insurance when you go to the doctor!

[cbg]

Commentator, you go girl! (little hands clapping icon here)

[commentator]

Wow, thanks, cbg! This is high praise, coming from you. (Little blushing icon here)

[sam_nyc]

Originally Posted by commentator

Auuughhhh!! Read and reread Pattytx's post above please!

In the first place, these two departments do not mix, being state and federal, as far as one looking to see what the other is doing, except that unemployment did verify your status before signing you up, we hope.

In the second place, trying to send unemployment benefits back would be so totally inappropriate, unless you are actually tapped for fraud by the state unemployment system, determined to have an overpayment and you are ordered to send the money back and told where to send it!!! Just sending it at random to the state office would not work well!

It would do nothing but cause a lot of flak for you, would accomplish nothing concerning your immigration status. You are talking to some people who are giving you some very bad wrong information! I strongly suggest that as patty suggested, when you want information about your immigration status, you get yourself the advice of a good immigration lawyer. Forget you unemployment insurance as a factor in this!!

If you are approved for unemployment, it has nothing in the world to do with your financial situation or your ability to pay the money back. You do not get unemployment based on your income or how poor you are or how much money you have or need.

You get unemployment in every state based on the quarters you have worked for covered employers and the reason you were separated from them. If you are determined to be eligible, you would certainly not need to try to pay the money back because it will cause someone to look more kindly on you in immigration issues.

If the state system were to decide you were receiving benefits illegally because of your immigration status, the overpayment unit or fraud unit of the state would contact you, and then they would ask for their money back. Don't be crazy and try to pay somebody who's not asking you to.

I do not think you need to see an attorney before you re-open your claim and continue to draw unemployment benefits. There are thousands and thousands of people in your situation who are receiving unemployment benefits. Not receiving them because you are afraid of your immigration status is ridiculous. If you are drawing benefits, you are either job attached to an employer who is letting you go intermittently based on their work flow, or you are actively seeking other work, right? There is no virtue in not getting your unemployment insurance any more than not using your health insurance when you go to the doctor!

very very helpful indeed. many thanks!!!!!