Should a apply as a resident if i am on pending asylee status "authorized stay"?Applied for asylum, waiting for the interview, worked and stay whole 2019 in US.

Forum|Forum|6 years ago
February 3, 2020
3 replies
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DavidD66

Level 15

The IRS uses two tests — the green card test and the substantial presence test — to assess your alien status. If you satisfy the requirements of either one, the IRS considers you a resident alien for income tax purposes; otherwise, you’re treated as a non-resident alien.

If you have a green card, you are a resident alien. If you don’t have a green card and spend at least 31 days in the U.S. during the current tax and a total of 183 days during the last three tax years (the number of days in 2019 + 1/3 of the days the previous year + 1/6 of the days the year before that >= 183 days), you meet the Substantial Presence Test and are considered a resident alien, and must file 1040.

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wzagieboylo

Level 2

Hi,

I helped an Afhan evacuee file using Turbotax and got a $5K tax credit, but later I realized that the evacuee was not an eligible person, because he was not in the country long enough. I want to file an amended return, but how can I show that he was not eligible for the credits on the amended return?

ErnieS0

Level 15

File an amended return (Form 1040-X) along with a nonresident return (Form 1040NR). TurboTax does not support this form. You can file through our partner Sprintax.com

@wzagieboylo

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