Are Non-U.S. Citizens Eligible to Receive COVID-19 Stimulus Cash Relief?

The Coronavirus outbreak has impacted the United States in significant ways, changing most people’s day to day lives. This is seen through social distancing, stay-at-home orders, and the temporary closures of non-essential businesses. It is because of this that the economy has experienced hardship as well. This led Congress to pass a $2 trillion bipartisan stimulus bill in an effort to help the economy as well as families. This was signed into legislation under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

The CARES Act allows qualified individuals to receive immediate financial relief as a one-time cash rebate of $1200. Eligibility of the rebate is as follows:

• Those who have an adjusted gross income of $75,000 or less on their most recently filed tax return
• Single adults who earn more than $99,000 will not receive a rebate.
• Individuals who fall in between $75,000 and $99,000 can be issued a rebate of less than $1200
• Married couples with an income of $150,000 or less will receive $2400 and every qualifying child 16 years old or younger allows a family to receive an additional rebate of $500
• Married couples who earn $198,000 or more will not receive a rebate
• Couples who fall between $150,000 and $198,000 can be issued a rebate less than $2400

In order to qualify for the stimulus rebate, certain requirements must be met. It is required to have a valid Social Security Number (SSN). Those who have an Individual Taxpayer Identification Number (ITIN) are not eligible. This means that couples in which one spouse has an SSN and the other has an ITIN generally are not eligible.

Those who are “Nonresident Aliens” under the country’s tax law are not eligible for the stimulus rebate. A non-citizen is considered a nonresident alien unless they have the following:

• A U.S. green card
• Satisfy the Internal Revenue Service (IRS)’s “substantial presence” test for the calendar year. This counts and calculates if the individual was physically present in the U.S. for at least 31 days during the current tax year and a total of 183 days during the last three tax years.

Katona & Associates, PLLC is an experienced, highly dedicated New York City immigration law firm located in lower Manhattan. Our firm works with clients in all matters of immigration law, including employment immigration, family immigration, deportation defense, green cards, and citizenship. Contact us to discuss your case and get the help you need.