Can Non-U.S. Citizens Receive COVID-19 Stimulus Cash Relief?

The impact that the novel Coronavirus (COVID-19) has had on the United States has caused people’s lives to change in various, significant ways. In order to slow down the spread of the virus, people are practicing social distancing and staying at home as non-essential businesses across the country continue to shut down for the time being. This has caused the economy to suffer as well. As a result of this, Congress passed a $2 trillion bipartisan stimulus bill in an effort to help the economy and families. This was signed into legislation under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) by President Donald Trump.

What is the CARES Act?

Under the CARES Act, individuals who qualify can receive immediate financial relief in the form of a one-time cash rebate in the amount of $1200. Those eligible for this are 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. The individuals who fall in between these categories 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. While this is true, married couples who earn $198,000 or more will not receive a rebate. Couples who fall between these categories can be issued a rebate less than $2400.

Can Non-Citizens Receive Relief?

In order to qualify for the stimulus rebate under the CARES Act, individuals must meet certain requirements. This includes having a valid Social Security Number (SSN). Individuals who provide an Individual Taxpayer Identification Number (ITIN) are not eligible for the rebate. This means that couples in which one spouse has an SSN and the other has an ITIN are generally not eligible for the rebate. 

It is because of this that those who are “Nonresident Aliens” under the country’s tax law are not eligible for a stimulus rebate. Individuals who are not citizens are usually 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. 

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The Law Offices of Cheryl R. David practices immigration law throughout NYC. Immigration is a sensitive issue, which is why you should consider a compassionate, experienced, and aggressive immigration attorney who will guide you every step of the way. If you have questions about your particular matters regarding immigration please do not hesitate to contact our office to discuss your circumstances and options.