Pending Asylum - resident or non-resident?

[sedazz]

I need some clarification about selecting the correct resident category for tax purposes. Actually my tax filer agent is not able to find our category. (Got here 2023, Asylum pending, have my SSN, EAD, started to work 2024)

Specifically, I am unsure whether to choose:

1-Non-Resident Alien
2- Resident Alien
3- Substantial presence test | Internal Revenue Service

I would like to make sure I select the right category to avoid any penalties from the IRS. Could you please guide me on which option is most appropriate for my situation?

Should I still fill the 1040 form? I'm so confused.

[KrisD15]

If you were in the US all of 2024, you are a resident for tax filing purposes. 

This is different from your legal status, it is your status for filing a tax return. 

File Form 1040 and select 3, which means you "file as a resident for tax filing purposes". 

If you are married, you can file "Married Filing Separately" or you and your spouse can elect to file a joint return. 

HERE is a link about how to make that election. 

It is confusing. 

IRS LINK