Found this on Reddit, hope it is useful

Coronavirus FAQ: visa holders, existing applications, Stimulus checks,etc.

This sub has seen the same questions over and over, and I thought it fit to organize some of the most common questions and answers into one place. If anything, this can be linked to if people ask the same questions again.

Note: This is not legal advice and is collated from sources quoted below. Refer to an immigration lawyer if in doubt.

FAQ Sections
Temporary visitors (B/F/J/ESTA/etc)

Work visas

Outside the US

Existing Applications/USCIS

Stimulus Check

Unemployment

Public Charge



Temporary visitors (B/F/J/ESTA/etc)
Q: I'm here on an ESTA/VWP and I can't leave - what can I do?

You can apply for Satisfactory Departure at a CBP office at select airports, which will give you 30 extra days to leave.

https://www.natlawreview.com/article/cbp-updates-satisfactory-departure-process-travelers-forced-to-remain-united-states

There are no provisions in law for a further extension, and you are not eligible to change, extend or adjust status (unless married to, or parent of, a US citizen).



Q: I'm here on an expiring temporary status (B, J, H, F, etc) and I can't leave - what can I do?

You can apply for an extension of status if you continue to be eligible for your status by filing I-539 with USCIS. If you are no longer eligible for your status (e.g. study ended for F status), you can apply for a 6 or 12 month change of status to that of B-2 (pleasure). You may cite the ongoing crisis and difficulty of obtaining flights to depart as a reason for applying for a change/extension of status.

https://www.uscis.gov/i-539



Work visas
Q: I'm on a work visa and my hours were cut OR my pay was reduced OR placed on no-pay leave OR furloughed. Can I stay?

For nearly all work visas, any reduction of your hours or pay is functionally equivalent to a lay off. The only exception is if your LCA or petition specified an hourly wage instead of an annual wage; in this a reduction of hours may be acceptable (though you should check with your company's lawyers).

You may have a 60 day grace period, and if you wish to stay, look at the next question.



Q: I'm on a E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN and got laid off - what can I do?

You have a 60 day grace period before you have to depart.

You have a couple of options, and you MUST pick one before the end of the grace period:

Depart the United States

For most work visas (except L-1), you can find a new job and have your employer file an I-129. You cannot start work until it is approved (3-10 months), unless you're on the H-1B.

Apply for adjustment of status (if eligible) through marriage or work.

Apply for a change of status to B with form I-539. Once approved, you can change back to a work visa status again with the I-129.

Apply for a change of status to F for a course of study.



Q: Is premium processing available?

No, it has been suspended until further notice. https://www.uscis.gov/working-united-states/temporary-workers/uscis-announces-temporary-suspension-premium-processing-all-i-129-and-i-140-petitions-due-coronavirus-pandemic



Q: Can I have the 60 day grace period extended?

Not currently. It does not appear there are any plans to extend it either.



Outside the US
Q: I'm outside the US, can I enter?

There are many travel restrictions right now, and you're advised to defer travel unless absolutely necessary. Any flight may be extremely costly and subject to a high risk of cancellation.

https://en.wikipedia.org/wiki/2020_coronavirus_pandemic_in_the_United_States#Travel_and_entry_restrictions

Individuals who were in the following countries in the last 14 days are banned from entry: China, Europe Schengen countries, UK, Ireland, Iran. This is not a nationality ban; you can travel to a third country for 14 days before proceeding to the US.

Furthermore, the US-Canada border is closed except to essential travel and citizens returning to their own countries. Note that travel for work (e.g. TN) is considered essential.

Additionally, note that the following groups of people are EXCLUDED from any travel ban:

US citizens (USC)

US lawful permanent residents (LPR)

Immediate family of USC/LPR (spouses, minor children)



Q: I need a visa, how can I get one now?

The short of it is - you can't. US embassies worldwide are closed until further notice. If there is a legitimate emergency, you can contact the embassy directly.

https://travel.state.gov/content/travel/en/News/visas-news/suspension-of-routine-visa-services.html



Q: I'm applying for a nonimmigrant/immigrant visa, will my application be delayed?

It will definitely be delayed. While embassies are closed, demand continues to build. One can definitely expect a huge backlog once the embassies reopen.



Q: I had an appointment but the embassy is closed, what happens?

Pay close attention to communications from the embassy via e-mail or their website. Each embassy can set its own policies; your appointment may be automatically rescheduled or you need to manually reschedule.



Existing Applications/USCIS
Q: I have an existing application with USCIS, will it be processed or delayed?

USCIS remains open to process applications, but all in-person services are suspended until at least May 3 (likely longer).

Look at the table below to figure out if your application will continue processing:

| Biometrics Required | Interview Required | Processing
--- |---|---|--- I-765 AOS/DACA/etc | Yes | No | Yes if you have biometrics submitted for any application before, including current one I-131 | Yes | No | Yes if you have submitted biometrics for this application I-485 | Yes | Yes | Yes if you have submitted biometrics AND interview for this application I-129 | No | No | Yes I-539 | Yes | No | Yes if you have submitted biometrics for this application I-130 | Maybe | Maybe | Yes

If your application does not require an in-person appointment OR you have already attended it, you can expect USCIS to continue processing it.

Be prepared for delays: USCIS is going remote work and they may not be well setup for it. They're also likely to get a surge in applications for extensions of stay and change of employment.

https://www.uscis.gov/about-us/uscis-response-coronavirus-2019-covid-19



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).

75 Comments

Absolutely nailed it! Thank you very very much on behalf of everyone for your time and detailed write up!


Hi, thank you so much the detailed post. I'm an F1 student and I've been here for 6 years. Per your post, I would qualify for the check. Do you know if this would count against me for green card purposes?


This is more of an r/tax question, because F-1 students can only claim non-resident alien status for a maximum of 5 calendar years. From the 6th year on, you're a tax resident alien which makes you eligible for the coronavirus stimulus check. You also must have income reported to the IRS.

However, you will need to declare (and be taxed on) your global income, including capital gains. If you've been receiving any US income, you must now start paying FICA taxes (Social Security/Medicare). Consult a CPA for more details.

-------
Makes sense! Thank you for responding quickly!
I'm in a similar situation as yours. Been here since 2013 on my F1, graduated in 2018, and currently on my STEM OPT. I've been paying taxes since 2013.

Let me know if you receive your check so I know what to expect!

Hi one question! I am processing my EAD extension with an L2. I don’t need biometrics appointment but the current one will expire at the end of May. Any possibilities of any type of extraordinary extension?

---------
You can file an expedite with USCIS if you meet expedite criteria, such as severe financial loss.

There is no other type of extraordinary extension available currently, however.


I think this might be up in the air right now, but I believe if you didn't file 2018/2019 taxes, you may still be eligible to receive the stimulus when you file your 2020 taxes (in 2021) if you are considered a permanent resident for the 2020 tax year.


 if I applied for marriage AOS Dec 2019, fingerprinted end of Jan, got interview scheduled April (may not happen I know), and all the documents say either “fingerprints were applied” or “interview scheduled”.... is my EAD going to process or am I just screwed indefinitely? My F-1 status expires in May, likely cannot be extended because I declared dual intent, AND cannot get paid as hourly after my thesis defense without an EAD.... we lose an income in the household but we’re still over That 120% of poverty (barely) so I can’t ask for expedite because of severe financial loss.... just at a loss and internally screaming for that relief of seeing I-765 approved...

------------------------
Since you've done the biometrics, the EAD can be approved without in-person appointments available.

However, as I mentioned in the FAQ, expect delays.

=====
Sounds optimistic, thank you! Delays are the least of my worry if something gets approved by ... say August. I do not think the covid situation in the US will significantly improve by then. Our university is delaying all incoming appointments (for post docs and such) until “at least August 1st”... What’s worse is that i’d probably have useful skills for all the Pharma companies racing to the covid drugs...

====
Can you also add unemployment income like the $600 per week does not count as public charge since it is an insurance

Also, if you have any schedule routine visa appointments including immigrant visa or non immigrant they are all cancelled worldwide as of March 20. And you will need to reschedule or they will reschedule for you once the consulate reopens

====
Im a petioner and we are waiting for our embassy interview.

For my financial requirements, I had sent tax records for the past 3 years. Those records show I make enough to sponser my wife.

If I lose my job because of Coronavirus before her interview, will I be considered not to earn enough to support her?

===============
Yes, potentially. They care about expected income, not just past income. A joint sponsor is always an option.


================
Hi, my husband and I lived in the US throughout last year and also the year before. He on a TN visa with a SSN and me on a TD visa with an ITIN. November last year we moved back to Canada and he commutes every day to work (now working from home). He also makes more than 75k but less than the cap for married couples. Are we eligible for the check? Considering he is married to me, but all I have is an ITIN I’m not sure. Sorry I know this may sound complicated...

=============

However, since the stimulus check is actually a 2020 tax credit, it very much depends on whether you will be filing US taxes as resident aliens in 2020.

==================
So, I'm on a J1 visa. I had no taxable income in 2018 (hence no tax return) and I have yet to submit 2019's tax return.

Will I get a stimulus check when I submit 2019's return?

====
Probably not, because you're a tax nonresident alien as addressed in the FAQ.

If you become a tax resident alien in 2020, you may be able to get it as a tax refund when you file your 2020 taxes in 2021.

=======

So I arrived in the US in 2018, but didn't start work until 2019. Hence no income in 2018.

In 2019 was I non resident (NR) or tax purposes so I'm filing the NR tax form in the next week or so.

In 2020, as I arrived in december 2018, I now have 2 years 'substantial presence' and am now considered resident for tax purposes (I.e. I now have to pay FICO taxes etc).

So I'm on the same page, you're saying I probably qualify for the stimulus as this year I am tax resident, however, because my latest tax return will be as a NR I probably will just recieve it as a tax refund when I file my 2020 taxes in 2021?

Will a J2 visa operate under the same rules? Or will it be different because my wife has to pay FICO taxes from day 1?
===================================
Thank you so much for this.

======================
Thanks for these infos ! I came to the US throught the visa waiver program but I got my passport stamped at the San Francisco airport ... Maybe they updated that list later ...

=====================

Try contacting Deferred Inspections.


==================
Hi. Just curious because I think I know the answer. I've been a J-1 for more than 2 years but I was an F-1 for less than 5 years prior, I entered the country as a student. I think I am still considered non-resident and thus not eligible for the stimulus check. Correct ?

===============
How about permanent residents outside the US that are nearing their allowable 6-month stay outside, will they have problems going back?

Will it have any effect on their application for citizenship when they are back in the US?

===================
I have a10 status Granted withholding removal with EAD and have filed taxes the last two years am I eligible for a stimulus check?

================
Yes, provided you meet income requirements.

Nice!