I AM NOT A US CITIZEN: IS THERE ANY FINANCIAL RELIEF AVAILABLE THROUGH THE FEDERAL GOVERNMENT FOR ME OR MY SMALL BUSINESS?

Over the last few weeks many of our clients and community members have been looking for answers to this question. Paschal Nwokocha & Chukwu Law Office is here to help you navigate through these trying times.

There are some Federal and Local initiatives that are providing financial assistance to those affected by COVID19.  Below, you will find resources provided by the Federal Government:

  1. Paycheck Protection Program (PPP) Small Business Administration (SBA) Loans:
  • What is it? The PPP loan program is one of many government programs to help small businesses. If employers use the loan to maintain payroll, then the loan may be forgiven 100%.
  • Who can apply? Employers that employ fewer than 500 workers, independent contractors, eligible self-employed individuals, or sole proprietors. You can apply if your business is 81%+ owned by U.S. Citizens or lawful permanent residents (sole proprietors, self-employed, and independent contracts must themselves be U.S. Citizens or lawful permanent residents).
  1. Economic Impact Payments (Corona Virus Tax Relief)
    • What is it? A Stimulus Payment of $1,200 for individual or head of household filers, and $2,400 for married filing jointly.
    • Who qualifies? You may be eligible if you are a U.S Resident Alien, a US Citizen, have a valid social security number for employment purposes, and have an adjusted gross income at or below:
      1. $75,000 for individuals
      2. $112,500 for head of household filers and
  • $150,000 for married couples filing joint returns
  1. If you have a higher adjusted gross income you may still be eligible for a reduced payment.
  • So, if I have DACA do I qualify? YES! You are a “resident alien” of the United States for tax purposes if you meet either the green card test or the substantial presence test. This includes most people who have a green card, are asylees or refugees, or are living full time and working legally in the U.S.. For more information on the substantial presence test visit: https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test
  • I don’t have legal status but my spouse does, do they qualify for a stimulus check? when spouses file jointly, both spouses must have valid Social security number to receive a Payment with one exception. If either spouse is a member of the U.S. Armed Forces at any time during the taxable year, only one spouse needs to have a valid SSN.

If spouses file separately, the spouse who has an SSN may qualify for a Payment; the other spouse without a valid SSN will not qualify.

Everyone listed on your tax return must have a social security number in their own name for your family to get the payment. The social security number must be valid.

  • If I accept the money will it negatively impact me for Public Charge considerations? This is considered a tax credit and not a public benefit.
  • How do I receive my payment? Most people will receive payment directly into their bank accounts, others will receive a check in the mail. Go to the IRS website for more information https://www.irs.gov/coronavirus/economic-impact-payments

 

  1. MN Unemployment Insurance (this is a Joint State/Federal Program)
    • What is it? Your benefits are based on the amount of earnings (gross wages) paid to you from all employers during a recent 52-week period of time. This is called your base period. Commissions, bonuses, overtime, vacation pay, severance pay (depending on timing), and wages earned in other states are included. Earnings from self-employment are usually not included.
    • Who is eligible? As long as you have valid employment authorization and a social security number then you are eligible to apply. However, if the validity of your employment authorization is tied to your employment (such as H1B) then you won’t qualify because the validity of your status is tied to your ability to work.

You CANNOT get unemployment benefits if you do not have permission to work in the United States.

  • Benefits? Applicant’s are not currently subjected to the “waiting week” and can be paid for ALL weeks of unemployment
  • If I receive unemployment will this impact me for Public Charge considerations? Unemployment Insurance is NOT considered a public benefit under the public charge rule.
  • How do I apply? Go to https://www.uimn.org/applicants/howapply/application-process/index.jsp

We are still here to help, even though our office is closed to the public. Our phone lines remain open, and we continue to provide services remotely. Call (612) 465-0060.