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Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 12010
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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I have taken in an illegal immigrant child age 15. He has

Customer Question

I have taken in an illegal immigrant child age 15. He has been in my household since 11/13. He was abandoned and neglected and given to me for permanent custody. Applied in 2015 for citizenship. We have an interview in Memphis for his green card on March 17 2016. may I claim him for 2015? If he had been remanded to the state instead of me directly he would be claimable for sure.
Submitted: 1 year ago.
Category: Tax
Expert:  Lane replied 1 year ago.

Hi -

I hold a JD (Juris Doctorate, a doctoral degree in the law), with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in finance & tax, as well as CFP® and CRPS designations. - I’ve been providing financial, Social Security & Medicare, estate, corporate & tax advice since 1986.

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Yes, you can claim a non-citizen child as a dependent on your tax return, which would entitle you to the exemption, if the child meets the IRS definition of a "qualifying child." OR Qualifying relative (and don't over-read the term "relative," here)

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The first rule in the test for qualifying relative (better said the qualifying-relative-child-friend-parent-dependent-exemption-test) is that this is not a qualifying child so lets start there ... give me a minute and I'll pull this up

Expert:  Lane replied 1 year ago.

Here we go:

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An individual must meet all 4 of these requirements in order to be considered your Qualifying Relative

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Not a Qualifying Child: The individual cannot be your Qualifying Child and cannot be someone else's Qualifying Child. They are a Qualifying Child if they meet all the requirements, whether or not they are claimed as a dependent

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Relationship: The person must either have lived with you for the entire year as a member of the household (a person who is not actually related to you may meet the requirements in this way), or be related to you in one of the following ways: your child, stepchild, grandchild or other descendant of one of your children (or stepchildren or foster children), son-in-law, daughter-in-law, brother, sister, half brother, half sister, stepbrother, stepsister, brother-in-law, sister-in-law, parent, stepfather, stepmother, father-in-law, mother-in-law, grandparent, and, if related by blood, aunt, uncle, niece, or nephew. Remember that a child whom you legally adopted is always considered to be your child. Also note that, for the purposes of this requirement, divorce or death does not change any relationship which was established by marriage(e.g. son-in-law, daughter-in-law, etc.)

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Gross Income: The person must have made less than $4,000 in gross income during 2015.

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Support: You must have provided more than half of the individual's total support during the year.

Expert:  Lane replied 1 year ago.

My guess is that you satisfy the test.

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The second piece of this is that you'll have to send in a W-7 application for a tax ID for the child along WITH your return

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(Which means you'll need to file a paper return)

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Expert:  Lane replied 1 year ago.

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I hope this has helped.

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Please let me know if you have any questions at all.

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If this HAS helped, and you DON’T have other questions … I'd really appreciate a positive rating (using the rating request, faces, or stars on your screen)

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That's the only way I'll be credited for the work here.

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Thank you!

Lane