Can a non-resident on a J1 visa get child tax credit?

[attaullah86]

I am a non-resident on a J1 visa. I have my spouse (non resident) and US citizen child. Can I get a child tax credit? IRS told me that I can't claim dependents because I am a non-resident.

[CarolynM]

Yes, if you meet all the criteria and the child has a SSN, you are eligible to take the Child Tax Credit. 

To qualify for the Child Tax Credit there are seven tests which must be met: 

  ·       Child must be younger than age 17 by December 31

·       Must by your child (biological, step, adopted or foster); brother or sister; niece, nephew or grandchild 

·       Must provide half their support 

·       Must be claimed as your dependent (see Qualifying Child Test)

·       Must be US Citizen, US National or Resident Alien 

·       Must live with you more than half the year

Since you are a non-resident, you must file your taxes with form 1040NR, which is not support by TurboTax.

You should use our partner, Sprintax.

Follow this link to get started: Sprintax

[Chin3o]

My child doesn’t have a SSN. Can apply it now?

[Critter-3]

To claim the child for the CTC the SS# must be received BEFORE  you file a return ... you cannot amend a filed return to add a dependent with a newly issued SS#.  

[jvanand2k]

As long as a foreigner has an EAD (work authorization) then they are eligible for obtaining SSN. So children automatically become ineligible for SSN but having an ITIN would make life easier and fulfill the purpose to claim taxes.