Skip to main content
May 11, 2020
Question

Will I be considered a residential alien? Here is my presence in the U.S. of past 5 years: 2020: 132(as for May11), 2019: 365, 2018: 365, 2017: 358, 2016: 366, 2015:24

  • May 11, 2020
  • 1 reply
  • 0 views
No text available

1 reply

DavidS127
May 11, 2020

It depends on the type of visa you have.  For example, if you are on student visa, your days of presence do not begin to "count" until after you have been in the U.S. for a part of 5 calendar years.

 

See the section of IRS Publication 519 at this link for information on the Substantial Presence test Note that your type of visa may make you an "Exempt Individual" for a certain period of time, and your days of presence do not count while you are an exempt individual.

**Say "Thanks" by clicking the thumb icon in a post**Mark the post that answers your question by clicking on "Mark as Best Answer"
May 15, 2021

Thank you!