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  • Resident Alien (?)

    Hello,

    I have a specific question. Exactly who is considered a "resident alien"? In legal documents, especially text regarding eligibility, "U.S. citizens and
    resident aliens" is mentioned. I understand what citizenship is, but not the latter.

    I know that a green card make you a resident, but that's a permanent resident.

    Are you considered a "resident alien" if you have a work permit, a Social Security Number, etc.?

    Thank you.

  • #2
    Hello,

    I have a specific question. Exactly who is considered a "resident alien"? In legal documents, especially text regarding eligibility, "U.S. citizens and
    resident aliens" is mentioned. I understand what citizenship is, but not the latter.

    I know that a green card make you a resident, but that's a permanent resident.

    Are you considered a "resident alien" if you have a work permit, a Social Security Number, etc.?

    Thank you.

    Comment


    • #3
      From what I remember you are classified as a resident after 1 year in the US (if accompanied by legal documents such those you mentioned).

      Comment


      • #4
        http://www.irs.gov/publications/p54/ar01.html#d0e106


        Resident alien. A resident alien is an individual that is not a citizen or national of the United States and who meets either the green card test or the substantial presence test for the calendar year.
        Green card test. You are a U.S. resident if you were a lawful permanent resident of the United States at any time during the calendar year. This is known as the green card test because resident aliens hold immigrant visas (also known as green cards).

        Substantial presence test. You are considered a U.S. resident if you meet the substantial presence test for the calendar year. Under this test, you must be physically present in the United States on at least:

        31 days during the current calendar year, and

        183 days during the current year and the 2 preceding years, counting all the days of physical presence in the current year, but only â…™ the number of days of presence in the first preceding year, and only â…™ the number of days in the second preceding year.


        For more information on resident and nonresident status, the tests for residence, and the exceptions to them, see Publication 519.

        Comment


        • #5
          Also, for tax purposes resident alient who meets the substantial presence test but is on a student (F-1), exchange (J-1) and other non-immigrant visa categories except for H1, is considered to be a NON-resident alien.
          Only H1 , meeting the presence test can be classified as resident alien (not too sure if it holds true for L and E visa holders)

          Comment

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