Amended eligibility for stimulus checks

By Atty. Chris Caday Lozano

As part of the $900 billion coronavirus relief package passed by Congress and signed into law by President Trump the U.S. government will allow mixed-status households with undocumented family members to receive stimulus checks that they were denied under the first round of legislation in the spring.

Under the bipartisan agreement, U.S. citizens and green card holders will be able to receive $600 in direct aid, even if they filed a joint tax return with an undocumented spouse, as well as additional $600 checks per dependent child.

The new compromise will also retroactively make mixed-status families with one Social Security number-holder eligible for the $1,200 per household and $500 per child checks allocated by the CARES Act, which was enacted in late March.

The $600 checks phase out for individuals with an adjusted gross income higher than $75,000 in 2019, heads of households who earned more than $112,500 and for couples who made $150,000 or more.

Like in the spring, undocumented immigrants or other non-citizens who do not have Social Security numbers and file individual tax returns will not be entitled to stimulus checks under the winter relief package. U.S. citizen children without a parent with a Social Security number will also remain ineligible for the aid.

The CARES Act, the historic economic stimulus package passed in the spring, excluded mixed-status couples from direct financial relief because it required both filers of a joint tax return to have Social Security numbers.

Undocumented immigrants and other non-citizens who are ineligible for Social Security numbers use government-issued Individual Taxpayer Identification Numbers (ITIN) to pay taxes. Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) beneficiaries have access to Social Security numbers.

When will I receive my check?

The new stimulus bill sets a Jan. 15 deadline for the IRS to send out payments. Payments are on their way. The IRS started sending payments the week of Dec. 28. This means you should receive stimulus funds via direct deposit, a physical check or a prepaid debit card in January 2021.

The IRS has begun processing payments and you should start seeing them post to your account as soon as January 4th.

Note:  This is not a legal advice


1.       For the month of October 2020, we received from USCIS seven approvals of Family petitions, and one Removal of Condition on residence.      

2.       For the month of September 2020, we received three naturalization approvals, four I-130 petition approvals and one DACA approval.

3.       For the month of August 2020, we received three renewals of green card and four naturalization approvals from USCIS.

4.       For the month of July 2020, we received two approvals of Naturalization applications from USCIS.

5.       For the month of June 2020, we received approvals from USCIS two naturalization applications, two renewal of green card and one adjustment of status.

6.       For the month of May 2020, we received approvals from USCIS for three green card renewals, two adjustments of status, and one naturalization application.

7.       for the month of April 2020. We received approval of one adjustment of status, three removal of condition on residence and one renewal of green card.   

8.       For the month of March 2020, we received six Adjustment of Status and three Naturalization approvals from USCIS.

9.       For the month of February 2020, we received approvals from USCIS of five Adjustment of Status applications and three Naturalization applications.

10.     For the month of January 2020, we received approvals from USCIS of five Adjustments of status applications, three N-400 applications for naturalization and three fiancé visa applications.         

11.     For the month of December 2019, we received four approvals of naturalization applications, five approvals of Adjustment of Status applications, two approvals of Petition to remove condition on residence, one renewal of green card approval and one green card application at the U.S. Embassy.  

12.     For the month of November 2019, we received approvals of one naturalization application, one renewal of green card, one Petition to remove condition on residence and one adjustment of status.        

If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation. 

Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers.  He practices immigration law, bankruptcy and personal injury law since June 1999.  His contact phone is 1-877-456-9266, email: 

Toll Free 1-877-4LOZANO for free consultation or Schedule an Appointment