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posted Mar 15, 2025 1:46:25 AM

I am an asylum seeker who has been physically in the US since December 2022, (30 days + 365 days + 365 days +2025 ) I filed 1040 tax return. Was it a correct one?

1040 or 1040nr?

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1 Replies
Expert Alumni
Mar 15, 2025 5:48:11 AM

Yes, Form 1040 is the appropriate form based on the information below. Use the link below to review additional details.

If you're required to file a federal return for 2024, you can use Form 1040 (US Individual Income Tax Return) if any of these are true:

  • You're a US citizen.
  • You're a resident of the US or Puerto Rico.
  • You have a Permanent Resident Card ("green card").
  • You're a nonresident alien married to a US citizen/resident alien with whom you'll file a joint return.
  • You meet the substantial presence test, and were physically present in the US for at least 31 days in 2024 and for at least 183 days from 2022 to 2024. To meet this requirement, you must calculate and add the following:
    • All the days you were present in 2024
    • 1/3 of the days you were present in 2023
    • 1/6 of the days you were present in 2022