Long Beach, CA asked in Immigration Law for California

Q: I am on F-1 visa completing my OPT. I pass 183 days of substantial presence test. Should I file form W-9 or W-8?

I came to the US in 2016 on a student visa and this is how many days I stayed in the US from 2016 to 2022:

- 2016: 110 days

- 2017: 315

- 2018: 255

- 2019: 249

-2020: 82

-2021: 330

-2022: 365

Related Topics:
1 Lawyer Answer
Lilia  Alcaraz
Lilia Alcaraz
  • Immigration Law Lawyer
  • Phoenix, AZ
  • Licensed in California

A: Hello Long Beach Resident! As a student, you are exempt from the substantial presence test. You should not count days when you are an exempt individual for the substantial presence test calculation. Refer to Publication 519, US Tax Guide for Aliens at https://www.irs.gov/forms-pubs/about-publication-519.

You should file Form 8843. Best of luck!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.