I am not a U.S. Citizen but my business meets all the other criteria for a COVID-19 EIDL will I get a loan?

Any non-US citizen who owns twenty percent (20%) or more of a eligible business is eligible for a loan if they are classified as a "non-citizen national" or "qualified alien."

Qualified aliens include permanent residents with a current green card.

Refer to SOP 50 30 9, Appendix 7.

CITIZENS, NONCITIZEN NATIONALS, AND QUALIFIED ALIENS

A. Citizens and Noncitizen Nationals: Definition.

U.S. C Title 8, the Immigration and Nationality Act, defines citizens and nationals, and establishes that a citizen or noncitizen national is eligible for a Federal public benefit, including a loan provided by an agency of the United States.

1. Citizen is defined in 8 U.S.C, 1401:
The following shall be nationals and citizens of the United States at birth:

a. A person born in the United States, and subject to the jurisdiction thereof;

b. A person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, that the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

c. A person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

d. A person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

e. A person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

f. A person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;

g. A person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, that any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in 22 U.S.C. 288 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person.

(1) Honorably serving with the Armed Forces of the United States, or

(2) Employed by the United States Government or an international organization as defined in 22 U.S.C. 288 may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and

h. A person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.

2. Non-Citizen National is defined in 8 U.S.C., 1408:

Unless otherwise provided in § 1401 of this title, the following shall be nationals, but not citizens, of the United States at birth:

a. A person born in an outlying possession of the United States on or after the date of formal acquisition of such possession;

b. A person born outside the United States and its outlying possessions of parents both of whom are nationals, but not citizens, of the United States, and have had a residence in the United States, or one of its outlying possessions prior to the birth of such person;

c. A person of unknown parentage found in an outlying possession of the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in such outlying possession; and

d. A person born outside the United States and its outlying possessions of parents one of whom is an alien, and the other a national, but not a citizen, of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than seven years in any continuous period of ten years.

(1) During which the national parent was not outside the United States or its outlying possessions for a continuous period of more than one year, and

(2) At least five years of which were after attaining the age of fourteen years. The proviso of § 1401(g) of this title shall apply to the national parent under this paragraph in the same manner as it applies to the citizen parent under that section.

B. Qualified Alien: U.S.C. Title § 8 states that an alien who is not a qualified alien is not eligible for any Federal public benefit, including a loan provided by an agency of the United States (8 U.S.C. § 1611 (a) and (c)). 8 U.S.C § 1641 (b) defines a qualified alien: 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:

1. An alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.],

2. An alien who is granted asylum under §208 of such Act [8 U.S.C. 1158],

3. A refugee who is admitted to the United States under § 207 of such Act [8 U.S.C. § 1157].
4. An alien who is paroled into the United States under § 212(d) (5) of such Act [“8 U.S.C. 1182” (d) (5)] for a period of at least 1 year,

5. An alien whose deportation is being withheld under § 243(h) of such Act [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),

6. An alien who is granted conditional entry pursuant to § 203(a) (7) of such Act [8 U.S.C. 1153 (a)(7)] as in effect prior to April 1, 1980; [1] or

7. An alien who is a Cuban and Haitian entrant (as defined in § 501(e) of the Refugee Education Assistance Act of 1980).

C. Citizenship Documents: The following documents as defined by the U.S. Customs and Immigration Service (USCIS) may be used to establish U.S. citizenship, without further legal review:

1. Birth Certificate, issued by a U.S. State (if the person was born in the United States), or by the U.S. Department of State (if the person was born abroad to U.S. citizen parents who registered the child's birth and U.S. citizenship with the U.S. Embassy or consulate);

NOTE: Only those Puerto Rican birth certificates issued after July 1, 2010 will be recognized as proof of U.S. Citizenship.

2. U.S. Passport, issued by the U.S. Department of State;

3. Certificate of Citizenship, issued to a person born outside the United States who derived or acquired U.S. citizenship through a U.S. citizen parent; or

4. Naturalization Certificate, issued to a person who became a U.S. citizen after 18 years of age through the naturalization process.

NOTE: As defined by the U.S. Department of State, Bureau of Consular Affairs, the following documents cannot be used to establish citizenship:

a. Voter Registration Card
b. Army Discharge Paper
c. Social Security Card

D. Qualified Alien Documentation: The following documents, issued by U.S. Citizenship and Immigration Services (USCIS), may be used to establish an individual as a qualified alien, without further legal review:

1. Permanent Resident Card (Except expired conditional cards) (Form I-151, formerly known as the Alien Registration Card or “Green Card”);

2. Resident Alien Card (some may not have an expiration date);

3. Expired Conditional Permanent Resident Card if accompanied by a copy of Form I-797 reciting approval of a petition to remove the conditions and/or approving a new petition for Permanent Resident status;

4. FORM I-797 NOTICE OF ACTION which recites approval of a petition for Permanent Resident Status .
NOTE: Generally, Employment Authorization Cards, Visa Documents, and Stamps do not convey qualified alien status; but, instead, establish a legal basis to be in the country. An applicant is not eligible unless the legal basis upon which the applicant has been admitted is a covered category, as defined by 8 U.S.C. § 1641.

E. Alternate Documentation: Other situations may also allow for a qualified alien status. Examples include, but are not limited to: asylum, refugee status; parole; those withheld deportation; or, those who have been battered or subject to extreme cruelty.

Consult with the ACDA for questions concerning these claims of qualified alien status and:

1. Additional documents that may be used to prove an applicant as a qualified alien under the conditions listed in subparagraph B (if the documents listed in subparagraph D are not available); or

2. Additional documents that may be used to prove U.S. citizenship and identification if the documents listed in subparagraph C are not available.


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