It depends on several things.
- To meet the green card test, you would need to be in the US for 183 days during a three-year lookback period. If you arrived in US in September 2022 for the first time, you do not qualify for the green card test because you haven't been in the US for 183 days in 2022 or in any preceding years before.
- You can either file the 1st year election or file as a dual-status resident for the year if you do not qualify under the substantial presence test.
- Keep in mind, the green card test and residency test are the same as it uses the Substantial Presence Test to determine residency status.
If you choose to be a resident alien for the full year, you may be able to receive the EIC. If you or your spouse were a nonresident alien for any part of the tax year, you can only claim the EITC if your filing status is married filing jointly and you or your spouse is a:
- U.S. Citizen with a valid Social Security number or
- Resident alien who was in the U.S. at least 6 months of the year you're filing for and has a valid Social Security number.
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