alaskanhusky
New member
I received the Targeted EIDL Grant email last night finally and immediately clicked the application. I have a specific question regarding my particular immigration status as I am NOT a US citizen.
I did receive the initial $1k last year (single member LLC), which only asked whether I was a US citizen (i answered no). I am an E2 Visa business owner (British citizen) so my status here is technically “non resident alien”. I am permitted to enter the country to run my business, this is temporary, non-resident visa status.
The first question on the application form reads....
Qualified Alien is defined in 8 U.S.C 1641(b): The term "qualified alien" means an alien who, at the time the alien applies for, receives, or attempts to receive a Federal public benefit, is:
* An alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.),
* An alien who is granted asylum under 8 U.S.C. 1158,
* A refugee who is admitted to the United States under 8 U.S.C. 1157.
* An alien who is paroled into the United States under 8 U.S.C. 1182(d)(5) for a period of at least 1 year,
* An alien whose deportation is being withheld under 8 U.S.C. 1253 (as in effect immediately before the effective date of § 307 of division C of Public Law 104–208) or § 241(b) (3) of such Act [8 U.S.C. 1231 (b)(3)] (as amended by § 305(a) of division C of Public Law 104–208),
* An alien who is granted conditional entry pursuant to 8 U.S.C. 1153 (a)(7) as in effect prior to April 1, 1980; or
* An alien who is a Cuban and Haitian entrant (as defined in § 501(e) of the Refugee Education Assistance Act of 1980).
It is the second last bullet that i believe may refer to myself. A quick google of this code refers to immigrant Visas for Extra-ordinary Ability and Employment/ business Visas, but does not make specific reference to any one visa type.
https://www.law.cornell.edu/uscode/text/8/1153
I spoke to an advisor at the SBA today and they said I should answer the question to the best of my ability. Very helpful indeed. The lady told me that if they needed further information, they would ask for evidence, but of course I do not want to answer incorrectly regardless.
I’m guessing if i answer “NO” to this question, I will likely be automatically disqualified.
If I answer “YES”, they MAY request further information, they may not. I do not want to draw any unnecessary attention or receive the grant and then find out I was ineligible and owe it back. With many of these Govt funded programs (PUA and PPP included), self-certification worries me as they will happily send you money and then months or years down the line want it back, IF they find you were ineligible in the first place. I get that they are trying to get money out as soon as possible but I think they should be doing MORE to background check people on their end to avoid cases of fraud AND (in my case) potentially honest mistakes due to lack of clarity.
Ultimately I do not know if i will qualify due to low income area (I live in Los Angeles), but I do want to answer this question as truthfully as possible. Seems like they are asking a lot of people to determine the specifics of their immigration status without being able to clarify on their own end.
Any advice would be greatly appreciated!
I did receive the initial $1k last year (single member LLC), which only asked whether I was a US citizen (i answered no). I am an E2 Visa business owner (British citizen) so my status here is technically “non resident alien”. I am permitted to enter the country to run my business, this is temporary, non-resident visa status.
The first question on the application form reads....
- Are all owners of the Applicant U.S. citizens, non-citizen nationals, or qualified aliens?
Qualified Alien is defined in 8 U.S.C 1641(b): The term "qualified alien" means an alien who, at the time the alien applies for, receives, or attempts to receive a Federal public benefit, is:
* An alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.),
* An alien who is granted asylum under 8 U.S.C. 1158,
* A refugee who is admitted to the United States under 8 U.S.C. 1157.
* An alien who is paroled into the United States under 8 U.S.C. 1182(d)(5) for a period of at least 1 year,
* An alien whose deportation is being withheld under 8 U.S.C. 1253 (as in effect immediately before the effective date of § 307 of division C of Public Law 104–208) or § 241(b) (3) of such Act [8 U.S.C. 1231 (b)(3)] (as amended by § 305(a) of division C of Public Law 104–208),
* An alien who is granted conditional entry pursuant to 8 U.S.C. 1153 (a)(7) as in effect prior to April 1, 1980; or
* An alien who is a Cuban and Haitian entrant (as defined in § 501(e) of the Refugee Education Assistance Act of 1980).
It is the second last bullet that i believe may refer to myself. A quick google of this code refers to immigrant Visas for Extra-ordinary Ability and Employment/ business Visas, but does not make specific reference to any one visa type.
https://www.law.cornell.edu/uscode/text/8/1153
I spoke to an advisor at the SBA today and they said I should answer the question to the best of my ability. Very helpful indeed. The lady told me that if they needed further information, they would ask for evidence, but of course I do not want to answer incorrectly regardless.
I’m guessing if i answer “NO” to this question, I will likely be automatically disqualified.
If I answer “YES”, they MAY request further information, they may not. I do not want to draw any unnecessary attention or receive the grant and then find out I was ineligible and owe it back. With many of these Govt funded programs (PUA and PPP included), self-certification worries me as they will happily send you money and then months or years down the line want it back, IF they find you were ineligible in the first place. I get that they are trying to get money out as soon as possible but I think they should be doing MORE to background check people on their end to avoid cases of fraud AND (in my case) potentially honest mistakes due to lack of clarity.
Ultimately I do not know if i will qualify due to low income area (I live in Los Angeles), but I do want to answer this question as truthfully as possible. Seems like they are asking a lot of people to determine the specifics of their immigration status without being able to clarify on their own end.
Any advice would be greatly appreciated!