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Unclear checkmark option for Dependent regarding Eligibility for Employment - unique case.

I have read a number of Intuit threads to try and answer this question but I'm not sure the answers apply. 

 

There is a checkmark option for a dependency on the SSN page for "not valid for employment". This is making it so any dependency tax credits that would apply, no longer applicable. 

 

I am a refugee from Ukraine with a status category of c11. This falls under 'parole' via the U4U. I have lived here for 2 years without leaving, working the majority of those two years. My 10 year old daughter has the same status and has been a student for these two years. She is obviously a dependent and I am the head of household. Due to being a refugee, our SSN cards will default to showing "not valid for employment" until applying for work authorization. Her card maintains a "not valid for employment" stamp, despite being under the legal age to work, and being a dependent. 

Additionally we both have an alien number, and due to living here for more than 183 we fall under the substantial presence test, making us "resident aliens".

Based on the documentation I have read, the tax credit for having a child as a dependent should be applicable since we are resident aliens, but the SSN "not valid for employment statement" would make me not eligible for child tax credits. Despite refugee status, I work a full time job and support my child, so I am confused on if this checkbox is applicable in my situation. Any help would be great. Thank you. 

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1 Reply

Unclear checkmark option for Dependent regarding Eligibility for Employment - unique case.

Correct. If not valid for employment those credits are not available. See here. 

https://www.eitc.irs.gov/tax-preparer-toolkit/frequently-asked-questions/basic-qualifications/basic-...

 

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