How to File Tax While I Gave Up F1 and Am Now An Asylum Applicant?

adenleeway

Registered Users (C)
#1
I was a student on a F1 visa last year from January to September. After decicing to apply for asylum, I gave up my F1 status and now the only status I have is pending asylum. However, while I was in school before withdrawing, I had an on-campus job and SSN, and I also earned income from the university, which was the whole income that I earned throughout the year of 2013.

As now I'm not on a valid status other than pending asylum, how should I file the tax in this situation? I contacted the ISSS office of the university, and they couldn't give me advices as I'm now between F1 and asylee. I also visited some local tax firms, but the situation is complicated and they also don't know how to do that. Hope friends on this forum could offer me any advices. Thank you very much!
 

sadsoul

Registered Users (C)
#2
I think its quite simple.

If you are a US citizen, you fill FORM 1040,
If you are F1, pending asylum or anything which is non resident, then its FORM 1040NR which
says U.S. Nonresident Alien Income Tax Return.
 

adenleeway

Registered Users (C)
#4
What if you have a pending asylum but you are no longer on F1 status?
That's exactly my situation. I earned the income while on F1, but I'm now only having a pending asylum. On the tax forms I'll need to state my status, and I only saw F1 was among the option of immigration status, but pending asylum is not a legal status in the forms.
 

Hexa

Registered Users (C)
#5
You won't get into any trouble filing your tax as a resident, the downside is that you could be paying more tax than when you file as non resident. Non residents from certain countries have tax reciprocity agreement with USA, so if you're from one of those countries and file NR, you might not owe any tax, or just a little.

The IRS doesn't care about your immigration status, but they care very much about you paying taxes.
 

newacct

Well-Known Member
#6
This is very wrong information.

"If you are F1, pending asylum or anything which is non resident"

Apparently you have no idea what "resident alien" means. If you are in the U.S. for at least 183 days in the year (technically, it's if the number of days in that year + 1/3 of the days the previous year + 1/6 of the days the year before that >= 183 days), you meet the Substantial Presence Test and are a resident alien, and must file 1040.

Time during the first 5 calendar years of F1 student are exempt from the SPT. If he has passed the first 5 calendar years of being a student, or when he ceases to meet the requirements of F1 status, then his days of presence in the U.S. start counting towards the SPT. If there was 183 days in the U.S. after that in the year, then he is a resident alien and must file 1040.

I think its quite simple.

If you are a US citizen, you fill FORM 1040,
If you are F1, pending asylum or anything which is non resident, then its FORM 1040NR which
says U.S. Nonresident Alien Income Tax Return.
 

newacct

Well-Known Member
#7
You won't get into any trouble filing your tax as a resident, the downside is that you could be paying more tax than when you file as non resident. Non residents from certain countries have tax reciprocity agreement with USA, so if you're from one of those countries and file NR, you might not owe any tax, or just a little.

The IRS doesn't care about your immigration status, but they care very much about you paying taxes.
Actually, resident aliens often pay LESS taxes than nonresident aliens, because resident aliens can use the standard deduction, which nonresident aliens cannot; and resident aliens can claim many deductions and credits that nonresident aliens cannot; also, resident aliens can file jointly (if married), which is often a big saving which nonresident aliens also cannot do.
 

Ms.A

Registered Users (C)
#8
Thank you 'newacct' for that info. I heard that the gov, has a free tax submission online for residents. Is that true? If so can I use it if I have been on F-1 for more than 5 years and reside mainly in the US (i.e. pass the test you mentioned?)
 

Kollos

New Member
#10
I was a student on a F1 visa last year from January to September. After decicing to apply for asylum, I gave up my F1 status and now the only status I have is pending asylum - tax advisor near me . However, while I was in school before withdrawing, I had an on-campus job and SSN, and I also earned income from the university, which was the whole income that I earned throughout the year of 2013.

As now I'm not on a valid status other than pending asylum, how should I file the tax in this situation? I contacted the ISSS office of the university, and they couldn't give me advices as I'm now between F1 and asylee. I also visited some local tax firms, but the situation is complicated and they also don't know how to do that. Hope friends on this forum could offer me any advices. Thank you very much!
Thank you!
 
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