Chicago, IL asked in Immigration Law for Pennsylvania

Q: Are ‘Tax Credits’ and ‘ Economic Impact Payments’ considered a ‘Means-Tested Public Benefits’ by USCIS?


I’m currently a Conditional Permanent Resident and when filing our joint tax return, my wife and I can claim certain Tax Credits such as ‘Earned Income Tax Credit, and ‘Child Tax Credit’ on our Federal Tax Return, as well as very similar Tax Credit on our state return based on our income and number of children.

In 2021 I also received Economic Impact Payment (3rd Stimulus Check).

Are those types of ‘Tax Credits’ or ‘Economic Impact Payments’ considered a ‘Federal means-tested public benefits’ or ‘State means-tested public benefits’?

I'm asking this because when I was filing my I-485 ‘Adjustment of Status’ Form, my wife (who is my Sponsor) had to provide the ‘Affidavit of Support’ Form I-864 which states that I shouldn't apply for any ‘means-tested public benefits’ - and I would just like to ask what’s USCIS opinion on those types of ‘Tax Credits’ and ‘Stimulus Checks', and thus how claiming them could affect my immigration process in the future?

Thank you

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1 Lawyer Answer
Agnes Jury
Agnes Jury
  • Immigration Law Lawyer
  • Traverse City, MI

A: The benefits you listed are not "means tested benefits". See USCIS website for an explanation what is and is not:,Health%20Insurance%20Program%20(SCHIP).

Best wishes!

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