If you are currently in the DACA program (Deferred Action for Childhood Arrivals), then you would have had to be physically present in the United States (indeed for at least several years), which is more than long enough for you to obtain resident alien status under the law. In other words, you are definitely not a nonresident alien for income tax purposes, if you were granted DACA status.
Instead, if you do not (yet) have US citizenship status, then you should instead consider yourself a resident alien for tax purposes. As such, you are subject to the same US income tax reporting rules and laws as are full US citizens. In fact, for income tax purposes, you will treat yourself no differently, and you should file the same Form 1040 (or 1040A or 1040EZ) that everyone else does, provided they are US citizens or resident aliens. Nonresident aliens have a different set of tax forms and requirements; but resident aliens are generally treated for tax purposes like US citizens (and use the same tax forms).
Thank you for asking this important question.
Does this also mean that as a DACA recipient we would be eligible for the Earned Income Tax Credit?
If a DACA recipient is married to a US citizen, can they file taxes married jointly? or do they have to file married but seperate?
thank you
You can file married filing jointly if you are married to a US citizen.
I assume that you have been in the US for at least several years so you would be considered a resident alien. You will use your social security number on the tax return, not your ITIN number.
Great. You can file jointly since married to a US citizen.
If you have DACA status, you are eligible for a Social Security number. See the following Social Security document for instructions on how to do so:
Social Security Number and Card — Deferred Action For Childhood Arrivals
If you have a Social Security number or individual taxpayer ID number (ITIN) you can apply for an Employer Idenntifcation Number. To do so, go to:
Get an employer identification number