1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.
  2. Obama's LEGAL immigration reform.

    What does it mean? Listen to a discussion by Attorney Rajiv S. Khanna in the November 21 conference call recording. Subscribe to Our YouTube channel to be notified when new updates are posted.

Claiming as Dependents on Tax return

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by cscgc, Feb 19, 2008.

  1. cscgc

    cscgc Registered Users (C)

    Hi

    I am(USC) planning to apply for GC for my Parents this year. I have a chance to claim them as dependents(since they stayed with me in one of the last three years) while filing taxes.

    Since at the time of application of the GC, we have to give 2007 tax year's return, should I avoid claiming them as dependents when I file for my Taxes shortly?

    Any adverse impact on the GC processing because they show up as dependent on the sponsors(my) Tax-return?
     
  2. VidhiVidhan

    VidhiVidhan Registered Users (C)

    Of course you should claim them as dependents... if they qualify

    I was on H1 when my parents first visited. I claimed them as dependents while filing taxes. I have many friends who are on various statuses (H1, GC, USC) and everyone claims their parents as dependents. There is no reason or advantage to not claiming them such.

    To be clear, I am no expert on this issue, but I highly doubt if it will have any effect on GC processing.

    Of course, to be able to claim someone as dependent you should have got them an ITIN. And also there are some minimum requirements before you can claim them as dependent. Please ask someone who is familiar with tax matters or research online to make sure they qualify.
     
  3. Concerned4us

    Concerned4us Banned

    If they do not meet the residency requirements, you should NOT claim them as dependents. Just because many H1Bs fraudulently claim visiting and non-resident parents as dependents makes it neither legally nor morally correct. Tax fraud is a crime.
     
  4. cscgc

    cscgc Registered Users (C)

    This question was not intended to be a tax question. The dependents are decided by my Tax consultant who knows the area.

    My question was, when I(USC) claim parents as dependent, will it affect their GC applications for which I think Vidhi thinks there is no adverse impact. Please let me know if anyone else has any opinion on this.
     
  5. VidhiVidhan

    VidhiVidhan Registered Users (C)

    Concerned4us,

    Thanks for making everyone aware of morality and law. It was an eye opener. And also thanks for making us aware that many H1Bs are immorals and frauds who illegally claim their non-resident parents on their tax returns. Who knew.

    Frankly, I am insulted by your comments and hope you clarify your statement.
     
  6. boatbod

    boatbod Registered Users (C)

    Well, lets see... if they have worldwide income exceeding the ($3300?) cutoff for a dependent, that might well be a good reason not to claim them as such. There are obviously other reasons too, such as if they are not resident in the US for the (IRS defined) minimum number of days. But heck, I'm no tax expert, so you should seek professional advice.

    Claiming someone as a dependent will cause no problems with getting a GC approved. Remember that as far as USCIS is concerned, a family-based immigrant must have a sponsor (affidavit of support) and must not turn into a public charge. The fact that family members are supporting them is probably a good thing.
     
  7. austriacus

    austriacus Registered Users (C)

    I think the OP's question may refer to an impact on the the I-864, Affidavit of Support. If you have additional dependents, it will increase your household size on I-864 (= you need to show more income/assets). However, since your parents will also be the intending immigrants, which are also included in household size, the net effect is zero. This is to say, your parents will be both your dependents and sponsored immigrants, but every person is only counted once, so it makes no difference for the I-864 if you claim them as dependents or not.

    Also, since as the sponsor you need to show financial responsibilty for the intending immigrants anyway, I don't think it would hurt if they are dependents (similar as if they were an immigrating child instead). Now, if instead you were claimed as your parent's dependent, and you'd sponsor them for I-864, it would be a different story.
     
  8. brokenarrow

    brokenarrow Registered Users (C)

    Did you apply for the GC for your parents successfully? Can you please provide some feedback as I am in the same situation now?

     

Share This Page