I came to the US at the end of 2022 on F-1 visa and applied for asylum in 2023. Supposedly my F-1 status is still valid, but:
- I am about to get an asylum-based work permit, which a) technically contradicts F-1 regulations regarding employment; b) immigration lawyers tend to say that an unrestricted work permit comes with full tax obligations
- I am eligible for Medicaid and currently under consideration, which is a social benefit, so I guess I am supposed to pay social security tax like all the other tax residents
- 5-year exemption implies a temporary stay, while I clearly established my intent to stay in the US permanently when I applied for asylum. I mean, I literally have nowhere to "return" and no other home.
In addition, as far as I know, people who did not have legal status before applying for asylum file as tax residents.
The income I made was through on-campus employment. I also have SSN. To my understanding, even if I don't count the days of presence before I applied for asylum when I was just purely on F-1, I would definitely meet substantial presence criteria this year. So should I file 1040, 1040-NR, or both for dual-status, or 1040 with a first-year choice statement?
