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W7 ITIN application for 8 year old child

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  • W7 ITIN application for 8 year old child

    My kid was born in India and we moved to USA to 7 years ago. I am in H1 visa and my kid is in H4 visa. His ITIN expired and need to be renewed. Which option should I choose? d or g?
    I am still a non resident alien as I do not have my greencard, but based on the number of days stayed in US I am considered a resident alien for tax purpose.

    a. Nonresident alien required to get an ITIN to claim tax treaty benefit
    b. Nonresident alien filing a U.S. federal tax return
    c. US resident alien( based on days present in the United States) filing a US federal tax return
    d. Dependent of US citizen/resident alien
    e. Spouse of US citizen/resident alien
    f. Nonresident alien student, professor, or researcher filing a US federal tax return or claiming an exception
    g. Dependent/spouse of a nonresident alien holding a US visa.

  • #2
    You are a resident alien for tax purposes, so choose (d). (Nonresident aliens generally cannot claim dependents.)

    This is my personal opinion and is not to be construed as legal advice.

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