My brother-in-law is a F1-student, Can I show him as a "Qualifying Relative" for my tax returns? Is he a resident-alien or non-resident alien?

[shifin21]

Hi I provided 100% of expenses for my brothrer-in-law in year 2017 who is a F1-student pursuing his masters. He meets all other criteria for a "Qualifying Relative" except that I am not sure if he is resident-alien or a non-resident alien.

[bine22 · Accepted solution]

Students on F1 are nonresident aliens for 5 calendar years and cannot be claimed as dependents (with the exception if they are resident of Mexico or Canda). AFter the first five years they would be subject to the substantial presence test. If they meet the test, they are resident aliens and could be claimed as dependents.