Since theCovid-19 outbreak, many questions have arisen concerning government aid, itsavailability to foreign nationals, and the impact acceptance of various typesof government aid will have on the public charge analysis.  Below is a summary of the availablegovernment aid and information about its impact on foreign nationals’immigration situation.

Testing,Treatment, and (Potential) Vaccination
  • Eligibility:Foreign nationals are eligible for testing, treatment, and any potentialvaccine related to Covid-19. 
  • PublicCharge: Being tested, treated, or vaccinated for Covid-19 will not beconsidered in the public charge analysis. The USCIS hasspecifically stated that “testing, treatment, and preventative care(including vaccines, if a vaccine becomes available) related to COVID-19” willnot be considered as part of a public charge determination. 

CARESAct Stimulus
  • Eligibility:Foreign nationals may be eligible for the Cares Act stimulus if the foreignnational has a social security number and is either (a) a permanent resident,a/k/a green card holder, or (b) has spent enough time in the US that theforeign national meets the IRS substantialpresence test. 
  • Individualswho have filed a tax return in 2018 and reported an Adjusted Gross Income (AGI)of up to $75,000 ($150,000 if married/filing jointly) may receive one‑time cashpayments of $1,200 ($2,400 if married plus $500 per child).  Those with anAGI over $99,000 ($198,000 for married couples) will not receive a payment.  Some payments may be less for individualswith an income over $75,000 ($150,000 for married couples) but under $99,000for individuals ($198,000 for married couples). 
  • PublicCharge: Accepting CARES Act stimulus payments will not be considered in thepublic charge analysis.  Because theCARES Act stimulus payments are considered tax credits,they will not be considered under the public charge analysis.  The public charge rule is clear that taxcredits, including the Earned Income Tax Credit and Child Tax Credit, are nottaken into account for the purpose of the public charge rule.

Unemployment
  • Eligibility:Eligibility for unemployment varies from state to state.  You should contact an employment law attorneyin your state to determine if you are eligible for unemployment benefits.
  • Public Charge: Applying forand accepting unemployment will not be considered in the public chargeanalysis.  The publiccharge rule explicitly states unemployment benefits are not considered“public benefits” under the public charge inadmissibility determination asunemployment is considered an earned benefits.