Eligibility for FEMA Disaster Relief for Immigrants
Kyle Huffman • October 13, 2023
Recently, a series of natural disasters spanning across the United States have dominated headlines. From the wildfires in Maui, to hurricanes striking both the west and east coast of the continental United States just weeks apart. Collectively, these natural disasters have cost, and are expected to cost the United States tens of billions of dollars in damage.
With the news coverage of these horrible events, many individuals in the United States who are either undocumented or living with temporary status have questions about their eligibility to receive disaster assistance if a natural disaster happens to them. Thankfully, the Federal Emergency Management Agency (FEMA) offers clear guidance on this eligibility to receive FEMA Aid in response to a natural disaster or similar emergency.
FEMA does offer assistance, which can take forms including direct financial assistance for rental assistance, home repair, property loss, or medical losses, for qualified non-citizens. In this context, a qualified non-citizen includes any of the following:
- Legal Permanent Residents (“Green Card” holders)
- Non-citizens granted asylum
- Refugees
- Non-citizens whose deportation status is being withheld for at least one year
- Non-citizens paroled into the U.S. for at least one year for urgent humanitarian purposes or significant public benefit
- Cuban/Haitian entrants
- Certain battered non-citizens or their spouses or children
- Certain victims of a severe form of human trafficking, including persons with a “T” or “U” visa
Furthermore, a household may apply for certain forms of assistance on behalf of a qualified minor child, so long as the parent or guardian of the qualifying minor child lives in the same household, and applies as a co-applicant.
If you have any questions about what this means for you, please schedule a consultation with one of our experienced attorneys.
We look forward to working with you.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
October begins a new federal fiscal year, but that does not mean every green card applicant moves to the front of the line. The Department of State’s October 2026 Visa Bulletin sets out the visa availability that applicants in family-sponsored and employment-based preference categories need to review this month.
Santos Lloyd Law Firm takes great pride in announcing that Partner Flavia Santos Lloyd has been invited to join the Fellows of the American Bar Foundation. As a highly selective global network, the organization recognizes legal professionals across both the public and private sectors who embody the absolute highest standards of the practice. Admission to this distinguished group highlights Flavia’s outstanding legal career, professional integrity, and deep impact on the legal community. Our team celebrates Flavia on this well-deserved recognition!
On September 14, 2026, the U.S. District Court for the District of Massachusetts issued a nationwide preliminary injunction in Presidents' Alliance on Higher Education and Immigration v. U.S. Department of Homeland Security , halting the implementation of the Department of Homeland Security (DHS) final rule that was scheduled to eliminate “duration of status” (D/S) on September 15, 2026. As a result of this nationwide order, DHS is blocked from enforcing fixed periods of admission for F-1 students, J-1 exchange visitors, and I media representatives while the litigation moves forward. Because the current “duration of status” framework remains in full effect, F, J, and I visa holders are not required to file Form I-539 extension of stay applications to remain in valid status beyond program end dates at this time. Furthermore, restrictions on academic transfers, constraints on enrolling in second programs at the same degree level, 240-day caps on continued employment while extensions are pending, and shortened grace periods do not apply during the injunction. F-1 nonimmigrants retain the full 60-day post-completion grace period, and J-1 holders maintain their 30-day grace period. However, please note that this preliminary injunction is not a final ruling invalidating the rule , and a status conference is scheduled for October 2, 2026, to determine next steps in the litigation. Immediate Practice Tips: Inspect I-94 Travel Records Upon Reentry: F, J, and I visa holders currently admitted under D/S retain their status and should continue to be readmitted under D/S following international travel until the injunction is lifted. However, because the I-94 record controls legal stay, travelers must inspect their CBP-issued Form I-94 immediately upon reentry to confirm the "Admit Until Date" states "D/S" rather than a specific expiration date. If a specific date is mistakenly recorded, contact a local CPB Deferred Inspection Site. Notify HR and Review Workplace Compliance: Employers sponsoring F-1 or J-1 employees should inform HR and hiring managers that the September 15 fixed-period rule is postponed and standard D/S rules govern. This development does not alter standard filing windows or Form I-9 verification procedures for post-completion OPT or STEM OPT extensions. Maintain Operational Readiness and Defer Unnecessary Filings: Visa holders and employers should defer travel or filing strategy decisions made solely in anticipation of the fixed-admission rule. Because DHS may appeal or the court could alter the timeline on short notice, institutions and visa holders should maintain readiness to adjust plans if implementation resumes. There are many evolving components to this litigation. If you are an F-1, J-1, or I visa holder, sponsoring institution, or employer, you should proactively coordinate with your international student office and legal counsel to protect your status and monitor upcoming court proceedings.
