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New Member
posted May 11, 2020 1:10:57 PM

Will I be considered a residential alien? Here is my presence in the U.S. of past 5 years: 2020: 132(as for May11), 2019: 365, 2018: 365, 2017: 358, 2016: 366, 2015:24

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2 Replies
Expert Alumni
May 11, 2020 2:04:43 PM

It depends on the type of visa you have.  For example, if you are on student visa, your days of presence do not begin to "count" until after you have been in the U.S. for a part of 5 calendar years.

 

See the section of IRS Publication 519 at this link for information on the Substantial Presence test Note that your type of visa may make you an "Exempt Individual" for a certain period of time, and your days of presence do not count while you are an exempt individual.

New Member
May 15, 2021 9:39:00 AM

Thank you!