Asked in Immigration Law and Tax Law for Texas

Q: Stimulus check for US Citizen KIDS living ABROAD with NON-U.S. PARENTS.

My wife and I are Mexican citizens living in Mexico. I have 4 children who were born in Texas. 21, 15, 10 and 2 years old. 22 years ago I worked in the USA with an H-1B visa when my oldest son was born. When my visa expired, I returned to live in Mexico and I only returned to the USA so that my other 3 children were born in the USA as well. They were born in private hospitals, no govn't help needed and ALL the hospital bills were PAID IN FULL by ME. My children have studied here in Mexico all their lives, none of them work yet since they are full-time students. As parents, we are not American citizens or residents, but neither illegal immigrants since we have lived in Mexico after my visa expired. I am not interested in receiving any stimulus check, but my question is this, do any of my children have the right as a US citizen to receive a stimulus check? I have never declared them as dependents because I do not fill out tax returns for the United States since I work and live in Mexico.

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

A: The children under 16, no. The 21 year old, maybe. If he or she has a social security number (SSN), but has never filed any taxes, then he or she must fill out the non-filer form: https://www.irs.gov/coronavirus/economic-impact-payments

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