Even without having a green card, a person who spends 31 days in the United States during the current year and 183 days during a three-year period that includes the current year and the two years immediately before that is considered a resident alien.
Can a resident alien efile?
Resident Alien for tax purposes You are eligible to e-file. You do NOT have to file Form 8843. You must report US earnings if the amount was at least $12,400 for single filers using Form 1040 (this amount differs depending on your filing status).
When do you become a resident alien of the United States?
You are a resident alien of the United States for tax purposes if you meet either the green card test or the substantial present test for the calendar year. In some cases aliens are allowed to make elections which override the green card test and the substantial present test.
Can a nonresident alien file as a resident alien?
For example, if, at the end of the tax year, you are a resident alien and your spouse is a nonresident alien, you can choose to treat the nonresident alien spouse as a U.S. resident alien and file Form 1040 using the filing status Married filing jointly.
How does a relative become a US citizen?
Becoming a lawful permanent resident is a two-part process. You must file a petition for your relative (Form I-130, Petition for Alien Relative) and your relative must apply for adjustment of status (using Form I-485, Application to Register Permanent Residence or Adjust Status) or for an immigrant visa through the Department of State.
Can a US citizen petition for a family member to become a lawful permanent resident?
U.S. Citizen Petition for an Immediate Relative to Become a Lawful Permanent Resident If you are a U.S. citizen, you may be able to petition for certain family members to become a lawful permanent resident (get their Green Card). Becoming a lawful permanent resident is a two-part process.
