Glenside, PA asked in Immigration Law for Pennsylvania

Q: Hello , I’m a f1 with 10 years .married with a USA son and never filed for taxes.Can we get the stimulus check?

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2 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: NO! You must be a tax resident, not necessarily a lawful permanent resident, who has filed taxes in at least 2017 and 2018, where you were obligated to pay taxes. You may try to file late tax returns at this time. Its unclear whether or when the system will 'eventually' accept or reject your application for stimulus after the tax forms are acknowledged by the I.R.S. There may be other programs in your City and/or State. If you must be a lawful permanent resident for any program, then you are disqualified from that program.

If you have any concerns, I strongly recommend an appointment with a competent and experienced immigration and/or tax attorney, who understand the difference between a tax resident and a lawful permanent resident. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

Robert Roy Klein
Robert Roy Klein
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA

A: You're eligible if you pass the substantial presence test: you must be physically present in the United States (U.S.) on at least: 31 days during the current year, and 183 days during the 3-year period that includes the current year and the 2 years immediately before that. Also, you'll need a social security number (SSN), not an ITIN. You say you never filed taxes, but if you meet the above 2 criteria, you can fill out the non-filer form here: https://www.irs.gov/coronavirus/economic-impact-payments

It's no guarantee, but you can at least try.

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