Vanessa A
Employee Tax Expert

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If he is on an H-4 visa and you are claiming him as a dependent on your return, then you would select US Citizen or Legal Resident if he has passed the substantial presence test.  

However, if he has an ITIN instead of a Social Security Number that is valid for employment, you will not be able to claim certain credits for him such as the Earned Income Tax Credit or Child Tax Credit.  You would be able to claim the $500 non-refundable Other Dependent Credit if he has an ITIN. If he does not have an ITIN or SSN, you would not be able to claim him on your return at all unless you are mailing it in and applying for for an ITIN.

Claiming Non Citizen Spouse and Children on Your Taxes

 

How to obtain an ITIN

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