My (biometrics/interview) appointment was cancelled, what do I need to do?

Q: My (biometrics/interview) appointment was cancelled, what do I need to do?

Check your mail once USCIS re-opens, your appointment will be rescheduled automatically.Stimulus Check

Q: Am I eligible for the coronavirus stimulus check?

If you are a legal US tax resident with an SSN and income, you are eligible. This includes permanent residents, work visa holders, DACA, and more. People who aren’t eligible include those without an SSN, F-1 students present for less than 5 years, and J-1 present for less than 2 years (exceptions apply).

You must further meet these non-immigration requirements:

  • Make less than $75,000 to get the full check (doubled if married)
  • Make less than $100,000 to get anything at all (doubled if married)
  • Not be filed as a dependent on someone else’s tax return
  • Filed a 2018 or 2019 tax return with IRS as a resident alien for you to get the stimulus check as a direct deposit automatically

[For stimulus check public charge, look at the public charge section]Unemployment

Q: Am I eligible for unemployment?

If you are authorized to work for any employer, you are eligible for unemployment. This includes permanent residents, DACA, TPS, asylees, refugees and certain dependent visa holders with unrestricted EADs.

Generally speaking, those who are on work visas tied to an employer (e.g. H-1B, L-1, TN) are not eligible for unemployment. This is because a condition of receiving unemployment is being “able and willing to work”; however since you do not have work authorization to start a job with any employer, you are not “able to work”.

[For unemployment public charge, look at the public charge section]Public Charge

Q: Is the coronavirus stimulus check considered public charge?

No. The coronavirus stimulus check is actually a 2020 tax credit paid in advance, and thus does not fall under any benefit category in the public charge rule.

Refer to quoted section from: https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-10#S-A-2

In addition to the cash benefits for income maintenance identified in the rule (SSI, TANF and GA), USCIS considers any other federal, state, and local tribal cash assistance for income maintenance (other than tax credits).

Q: Is unemployment (state, or federal $600/week) considered public charge?

No. USCIS specifically excludes unemployment from public charge.

Quoted from https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-10

The following is a non-exhaustive list of public benefits that USCIS does not consider in the public charge inadmissibility determination as they are considered earned benefits:

  • Federal Old-Age, Survivors, and Disability Insurance Social Security benefits (SSDI);
  • Social Security;
  • Veteran’s benefits including but not limited to HUD-VASH, and medical treatment through the Veteran’s Health Administration;
  • Government (including federal and state) pension benefits and healthcare;
  • Unemployment benefits;
  • Worker’s compensation;
  • Medicare; or
  • Federal and state disability insurance.

Q: Is the use of free coronavirus testing, treatment programs or Medicaid for coronavirus treatment considered public charge?

No, refer to quoted section from: https://www.uscis.gov/greencard/public-charge

To address the possibility that some aliens impacted by COVID-19 may be hesitant to seek necessary medical treatment or preventive services, USCIS will neither consider testing, treatment, nor preventative care (including vaccines, if a vaccine becomes available) related to COVID-19 as part of a public charge inadmissibility determination, nor as related to the public benefit condition applicable to certain nonimmigrants seeking an extension of stay or change of status, even if such treatment is provided or paid for by one or more public benefits, as defined in the rule (e.g. federally funded Medicaid).

-------------------------------------------------------------------------------------- Disclaimer We do not provide legal advice from this web site. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation.

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