Struggling families all over the United States who have been financially impacted by the coronavirus pandemic are eagerly awaiting their federal stimulus checks so they can pay rent and other bills. Unfortunately, some people who are married to immigrant spouses are now finding out that the relief package negotiated in Congress won’t provide financial assistance if they are undocumented.
A provision in the legislation stipulates that people who file taxes jointly with someone who uses an Individual Taxpayer Identification Number (ITIN) are ineligible for stimulus fund payments. Undocumented immigrants commonly use ITINs instead of Social Security numbers.
Immigration advocates and attorneys are now getting the word out that if you are an American citizen married to an undocumented immigrant, then don’t expect to receive any type of financial support from the federal government during the current unemployment crisis.
In addition to this bad news, American citizens married to undocumented immigrants with children also won’t be able to obtain the bonus payments that other families receive depending on the number of children they have.
Consequently, the estimated 1.2 million American citizens who are married to undocumented immigrants may miss out on thousands of federal dollars that could help steer them away from financial ruin. It is important to note that American citizens who file their taxes separately from their undocumented spouses may still be eligible for stimulus money. However, most mixed-status couples file taxes jointly because it is a crucial part of proving the marriage is legitimate.
Two federal lawsuits requesting a nationwide injunction that would block the restrictions on stimulus payments have been filed in Illinois and New York. Both cases claim that denying funds to U.S. citizens because their spouses use ITINs is unconstitutional and violates the right to free association, due process, and equal protection.
Are you wondering if your immigration status will impact your eligibility for stimulus funds? Then please get in touch with our dedicated team of immigration lawyers at Musa-Obregon Law PC to discuss your situation. Give us a call at (888) 502-8461 to schedule your case consultation.