Coronavirus Check while on AOS

[Manuel94]

Does anyone know if the coronavirus stimulus check that we’re going to receive will affect the “public charge” rule for AOS individuals. So far the bill makes everyone eligible except for non-resident alien individuals. But since I’ve been on an F-1 visa for 7 years I do qualify as a Resident Alien, and as such I’m expecting the check. Will it though impact or affect my adjustment of status in any way? Please share your opinions or answers if you know.

Thanks

[Miamifiler]

I have heard that the check will be based on 2018 tax filing, so if you had filed taxes that year you should be good. If anyone knows more details, please update us

[didoesque]

Does anyone know if the coronavirus stimulus check that we’re going to receive will affect the “public charge” rule for AOS individuals. So far the bill makes everyone eligible except for non-resident alien individuals. But since I’ve been on an F-1 visa for 7 years I do qualify as a Resident Alien, and as such I’m expecting the check. Will it though impact or affect my adjustment of status in any way? Please share your opinions or answers if you know.

Thanks

I was wondering the same thing. My husband is on an H-1B and he is considered a resident alien for tax purposes only. Hopefully others will chime in.

[Manuel94]

I did some more research and the structure of the stimulus package is the same as the one of 2008. If you are a resident alien for tax purposes then you will ge the check. Also, on the USCIS website it says that the public charge rule only exempts us from getting free medical treatment due to coronavirus, but STILL considers us public charge if we receive cash payment from the government, which is exactly what this stimulus check will be. So at this point we don’t really know what’s going to happen right? What are they gonna do, give us all checks, and then deny our applications for accepting their checks?

[BayAreaCaliAOS]

I did some more research and the structure of the stimulus package is the same as the one of 2008. If you are a resident alien for tax purposes then you will ge the check. Also, on the USCIS website it says that the public charge rule only exempts us from getting free medical treatment due to coronavirus, but STILL considers us public charge if we receive cash payment from the government, which is exactly what this stimulus check will be. So at this point we don’t really know what’s going to happen right? What are they gonna do, give us all checks, and then deny our applications for accepting their checks?

I also did some research as well. If I’m not mistaken, also I’m not 100% sure, from my understanding, applying for Unemployment Insurance will not affect AoS if a person becomes jobless from this whole corona virus. I’m a conditional gc holder, applied for UI, and hopefully will get some help. Also that stimulus check would be amazing for every single one of us.

[didoesque]

“The rule requires USCIS to consider the receipt of certain cash and non-cash public benefits, including those that may be used to obtain testing or treatment for COVID-19 in a public charge inadmissibility determination, and for purposes of a public benefit condition applicable to certain nonimmigrants seeking an extension of stay or change of status. The list of public benefits considered for this purpose includes most forms of federally funded Medicaid (for those over 21), but does not include CHIP, or State, local, or tribal public health care services/assistance that are not funded by federal Medicaid. In addition, if an alien subject to the public charge ground of inadmissibility lives and works in a jurisdiction where disease prevention methods such as social distancing or quarantine are in place, or where the alien’s employer, school, or university voluntarily shuts down operations to prevent the spread of COVID-19, the alien may submit a statement with his or her application for adjustment of status to explain how such methods or policies have affected the alien as relevant to the factors USCIS must consider in a public charge inadmissibility determination. For example, if the alien is prevented from working or attending school, and must rely on public benefits for the duration of the COVID-19 outbreak and recovery phase, the alien can provide an explanation and relevant supporting documentation. To the extent relevant and credible, USCIS will take all such evidence into consideration in the totality of the alien’s circumstances.”

I don’t think the stimulus check would necessarily be considered a “cash public benefit” since, as it stands now, checks will be dispersed as a tax credit/rebate. My feeling is that if you are a resident alien for tax purposes, then you remain eligible for the rebate check without penalty, which is different than other types of “benefits” ie unemployment payments and such. Obviously it would be helpful if USCIS would post something specific to this. Perhaps they will once the stimulus package has been approved?

Another issue is that they are discussing direct deposit of checks, so that leaves us no choice in whether or not we accept it.

Other thoughts?

[didoesque]

Also does this only come into play for those who submitted applications after the Feb. 24 deadline when rule took effect?

[sohi429]

Also does this only come into play for those who submitted applications after the Feb. 24 deadline when rule took effect?

I am curious about all this too. Also, would this affect us negatively at the time of naturalization or renewal of GC?

[didoesque]

I am curious about all this too. Also, would this affect us negatively at the time of naturalization or renewal of GC?

As far as I understand, public charge does not apply to permanent residents seeking to naturalize.

Any other news or ideas about how the stimulus check may or may not affect those applying for LPR?

[sohi429]

“The rule requires USCIS to consider the receipt of certain cash and non-cash public benefits, including those that may be used to obtain testing or treatment for COVID-19 in a public charge inadmissibility determination, and for purposes of a public benefit condition applicable to certain nonimmigrants seeking an extension of stay or change of status. The list of public benefits considered for this purpose includes most forms of federally funded Medicaid (for those over 21), but does not include CHIP, or State, local, or tribal public health care services/assistance that are not funded by federal Medicaid. In addition, if an alien subject to the public charge ground of inadmissibility lives and works in a jurisdiction where disease prevention methods such as social distancing or quarantine are in place, or where the alien’s employer, school, or university voluntarily shuts down operations to prevent the spread of COVID-19, the alien may submit a statement with his or her application for adjustment of status to explain how such methods or policies have affected the alien as relevant to the factors USCIS must consider in a public charge inadmissibility determination. For example, if the alien is prevented from working or attending school, and must rely on public benefits for the duration of the COVID-19 outbreak and recovery phase, the alien can provide an explanation and relevant supporting documentation. To the extent relevant and credible, USCIS will take all such evidence into consideration in the totality of the alien’s circumstances.”

I don’t think the stimulus check would necessarily be considered a “cash public benefit” since, as it stands now, checks will be dispersed as a tax credit/rebate. My feeling is that if you are a resident alien for tax purposes, then you remain eligible for the rebate check without penalty, which is different than other types of “benefits” ie unemployment payments and such. Obviously it would be helpful if USCIS would post something specific to this. Perhaps they will once the stimulus package has been approved?

Another issue is that they are discussing direct deposit of checks, so that leaves us no choice in whether or not we accept it.

Other thoughts?

I went through the draft of the Bill online (did not verify it though) and it stated that the stimulus package would indeed be provided as a tax credit (which I believe does not come under cash benefits).

Also, this link at the USCIS's Public Charge FAQs seems to imply that tax rebates might not be subject to public charge.

The list of public benefits in the rule is exhaustive with respect to non-cash benefits. However, cash benefits for income maintenance may include a variety of general purpose means-tested cash benefits provided by federal, state, local or tribal benefit granting agencies. Any non-cash benefits not listed in the rule are excluded from consideration.

The public charge rule applies to the following benefits and all cash based benefits (federal, state, local or tribal):

• Any federal, state, local or tribal cash assistance for income maintenance   
  • Supplemental Security Income
  • Temporary Assistance for Needy Families
  • Federal, State, local, or tribal cash benefit programs for income maintenance (often called General Assistance in the state context, but which may exist under other names)  
• Supplemental Nutrition Assistance Program (formerly called Food Stamps) 
• Section 8 Housing Assistance under the Housing Choice Voucher Program 
• Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation)  
• Public Housing under section 9 the Housing Act of 1937, 42 U.S.C. 1437 et seq. 
• Most forms of federally funded Medicaid (with certain exclusions) 

I am no lawyer but based on the information above I would say the COVID-19 stimulus checks/credit are unlikely to be subject to Public Charge rule.

[didoesque]

Amazing research, Sohi429! Thank you so much for your response. I agree that tax credits/rebates don’t appear to fall under means-tested cash benefits (especially since they are not something we directly apply for). I do hope they clarify specifically, but the info you found is really helpful.

[Manuel94]

I think so too:

Not all public benefits automatically trigger the “public charge” bar to admission. Immigration officials are supposed to ignore the receipt of certain types of public benefits, such as unemployment, school lunches, job training, Head Start, Social Security Disability (SSDI), and emergency relief when making a public-charge decision.

Even if they classified it as emergency relief, it would just get ignored by them.

[angelica]

Tax credits are not considered:

In addition, USCIS does not consider any tax-related cash benefit including:

• Earned Income Tax Credit (EITC);
• Additional Child Tax Credit (ACTC);
• Premium Tax Credit (PTC);
• Advance Payment of Premium Tax Credit (APTC); and
• State, local, or tribal tax credits.

[ihaveit29]

Hi - has anyone with a conditional greencard applied for the Unemployment Insurance?

I’d like to send an application but I remember after the interview the IO informed me that any public assistance I get will reflect on the sponsor? I think there was even a contract for it which I signed.

I’d like to know if conditional greencard holders are qualified or the unemployment insurance...

[almostthereNJ]

What about claiming for UI during while laid off work (due to COVID) before the GC interview?