H1B收到IRS的stimulus check需要退回去吗

如题，楼主收到了一百多刀stimulus check。跟大部分留学生一样，我是H1B，在美工作了四年了。我需要退回这个钱吗？主要是担心以后绿卡申请会不会查到这个。现在不是说接受了public benefits之后，绿卡审查有可能被deny吗？有没有同学知道这个该怎么处理？谢谢！

扒了一下一个律师事务所的回答：
Stimulus checks. Although U.S. Citizenship and Immigration Services (USCIS) has yet to clarify whether accepting a stimulus check will be considered a public benefit for purposes of inadmissibility, we believe that it should not.

First, since the stimulus check is technically a 2020 tax credit paid in advance, it does not fall under the income maintenance category per chapter 10 of the USCIS Policy Manual, which states, “USCIS considers any other federal, state, and local tribal cash assistance for income maintenance (other than tax credits).” In addition, the stimulus check is not means-tested and thus does not fall within the general category of things considered public benefits.

Second, receipt of a stimulus check is not optional – the government simply gives it to you.  For anyone who has already authorized direct deposits with the IRS, there will be no way to refuse or return the money before it lands in the hands of its recipients, as these checks will arrive by direct deposit. The situation is no better for those who receive their checks by mail, as the only way for these recipients to refuse the money will be to send the check back.  There is no way to say you don’t want the check in the first place.

The legislation structured the payment as a tax credit, not a public assistance benefit.

这个stimulus check 不是public benefits。你填129表的时候这个不是

这个是按照去年交税的记录发的。这个不是自己申请领取的也不是长期领取性质的应该没什么问题。

rent515w 发表于 2020-6-13 10:37
这个是按照去年交税的记录发的。这个不是自己申请领取的也不是长期领取性质的应该没什么问题。

真的没问题？
我好多PhD同学都领了，还没退
有点担心

velopeur 发表于 2020-6-13 10:46
真的没问题？
我好多PhD同学都领了，还没退
有点担心

实在担心可以咨询一下律师看看

另一家：

2020 Recovery Rebates. Generally, legal experts seem to agree that receipt of a CARES Act 2020 Recovery Rebate (stimulus check) by a nonimmigrant who is a resident for tax purposes under the Substantial Presence Test and who filed a tax return with a valid Social Security Number would not constitute receipt of a public benefit that could trigger a public charge determination or the public benefit condition. They point to the fact that a CARES Act 2020 Recovery Rebate is characterized as a  "tax credit" for the 2020 tax year, and the definition of "public benefit" at 8 CFR 214.21(b)(1) excludes tax credits from the list of public benefits (the regulation defines public benefit to include "Any Federal, State, local, or tribal cash assistance for income maintenance (other than tax credits)"). For background on eligibility for the 2020 recovery rebate, see the CRS Insight Report: Noncitizens and Eligibility for the 2020 Recovery Rebates (May 1, 2020). IRS has also posted information on how to return an erroneously received recovery rebate to IRS. Individuals who erroneously received a recovery rebate because they mistakenly filed a Form 1040 rather than a Form 1040NR should also consult a tax specialist for information on filing an amended return.

H1B是RA。RA可以领。

已经是Resident Alien了，可以拿。