COVID-19 pandemic has affected the economy severely and millions have lost their jobs as a result. Those who have lost their jobs are not just U.S. citizens but also green card holders, DACA recipients or those who are lawfully in the United States in valid non-immigrant status such as the H1B visa holders.
On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a $2 trillion dollar economic recovery package. The package offers relief to state and local governments, individuals, small and large businesses, and hospitals affected by the 2019 novel coronavirus (COVID-19) pandemic.
Those who lost their jobs may apply for unemployment benefits from the States and, on top of that, those eligible may also apply for a $600/week supplemental unemployment benefit. There is also a Stimulus check – a one-time check of $1,200 for those whose income is 75k or lower.
Those who apply for unemployment benefits and a one-time Stimulus check of $1,200 would require the applicant to have a social security number and must not have a dependent family member who does not have a social security number.
For those who are lawfully in the United States in non-immigrant status and have valid social security number, will they risk denial of immigrant visa if they get this stimulus check or the supplemental unemployment benefit from the Federal government?
This is for those who will be applying in the future for green card status. Public charge as defined in the statute as “[a]ny Federal, State, local, or tribal cash assistance for income maintenance (other than tax credits),” “Supplemental Nutrition Assistance Program (SNAP),” “Section 8 Housing Assistance under the Housing Choice Voucher Program,” “Section 8 Project-Based Rental Assistance,” “Medicaid,” or “Public Housing under section 9 of the U.S. Housing Act of 1937.” At first glance, it would seem that CARES Act payments fall within the “Federal, State, local, or tribal cash assistance for income maintenance” public benefit category.
The recovery rebates are structured as automatically advanced tax credits to be disbursed by the Treasury Department. The DHS final rule on inadmissibility on public charge grounds is clear that tax credits are not taken into account for the purpose of a public charge determination.
The same rule applies to unemployment benefits. 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.”
