Arrived in USA on 29th Jul,17. Having continuous stay till date. Am I resident alien or non resident alien for tax filing ?

[Vanessa · Accepted solution]

To determine whether or not you are a resident or non-resident alien, the IRS uses 2 tests:

•  the green card test or the
•  substantial presence test."

To pass the substantial presence test you would need to meet the following criteria:

You must be physically present in the United States (U.S.) on at least:

1. 31 days during the current year, and
2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:

• All the days you were present in the current year, and
• 1/3 of the days you were present in the first year before the current year, and
• 1/6 of the days you were present in the second year before the current year.

Based on the information you are providing, you do not meet the Substantial Presence test.

To meet the "Green Card" Test you would need to be a "Lawful Permanent Resident of the United States at any time during the calendar year"  

https://www.irs.gov/individuals/international-taxpayers/taxation-of-nonresident-aliens

If you do not meet the Green Card test please visit our partner site https://www.sprintax.com/ as they will be able to assist you in the preparation of the 1040NR.