< back
ASK VISALAW.COM
By Marc Topoleski, Partner in Siskind, Susser, Haas & Devine’s Detroit-area Office 
I am in the midst of the employment-based Green Card application process.  Will it jeopardize my Green Card application if my spouse, who is working under a separate visa category, changes jobs while I am awaiting approval of my Green Card application? 
No.  Generally, while you need to remain with the petitioning employer during Green Card process, the fact that your spouse changes jobs to another employer will not impact your application.  Obviously, your spouse will want to make sure he or she is authorized to work for the new employer under the terms of his or her visa category to avoid status issues that could arise when adjusting under your application. 
  
What kind of evidence do I need to show that I was present in the US on December 21, 2000 so I can qualify for Section 245(i)? 
The INS has given some guidance on this issue, but not as extensive as we would like.  Under newly issued regulations, the INS has said copies of government (federal, state or local) issued documents demonstrating the applicant’s presence in the US on or before December 21, 2000 can be used.  Also, if the applicant does not have such a document, but believes that the INS may have a copy of it, the applicant can submit a statement to the INS outlining the information pertaining to the document.

The INS will also accept a document that was not issued by the government if it bears the applicant’s name, is dated, and has the signature of the person who issued it.  Affidavits claiming physical presence on December 21 will not be accepted without additional evidence to verify the claim.  Such evidence could include cancelled checks, rent receipts, school records, utility bills, records of doctor visits, etc.

Only the primary applicant for adjustment of status has to meet the physical presence requirement.  Dependent family members do not need to be able to prove that they were physically present in the US on December 21, 2000.   
  
I am a green card holder and I just got laid off.  Am I eligible for unemployment compensation? 
The laws of the state in which you reside govern your eligibility for unemployment and these laws vary from state to state.  Generally, most states require a person be legally able to accept employment in order to be eligible to receive unemployment benefits.  Under this type of scheme, individuals that hold visas with employment authorization that is not dependent on being employed with a specific employer might be able to collect unemployment benefits.  This could include green card holders or persons with an EAD.  However, individuals in a visa category where employment authorization is dependent on being employed with a particular employer or in a particular position might not be eligible because they would not be authorized to accept new employment.  The best way to find out if you are eligible for unemployment benefits is to contact the unemployment agency in the state in which you live.