The Coronavirus Aid, Relief, and Economic Security Act

[NTRYoungTiger]

*The Coronavirus Aid, Relief, and Economic Security Act* passed the Senate Wednesday evening and calls for direct payments to American households in the amount of $1,200 ($2,400 for joint tax filers) plus additional funds depending on the number of children in the household. As President Trump’s “Public Charge” rule took effect just last month, many legal immigrants are left wondering (1) if they qualify for the payment and (2) if they can accept it without running afoul of the public charge rule which requires public benefits received to be disclosed on I-129, I-539, and I-485 applications.

Most work visa holders are considered resident aliens for tax purposes and therefore are *eligible*. The major exception would be F-1 students as they are usually considered nonresident aliens and would mostly not be eligible.

Second, *the payment is put in terms of a tax credit for the 2020 tax year*. A tax credit directly offsets taxes owed. It is not supplemental income. It is just like the Child Tax Credit, Lifetime Learning Credit, Retirement Savings Contribution Credit, etc. None of these tax credits are considered to be public benefits under the Public Charge rule. The 2020 Recovery Rebate, as this new credit is referred to in the bill, should be treated no differently than the various other tax credits that taxpayers are eligible for. Therefore, accepting the 2020 Recovery Rebate check should not be considered a public benefit and should not impact future immigration filings.