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Can an asylum-seeker qualify for the Substantial Presence Test?
October 11, 2021
Q. We paid a student for support services. The student is from Mexico who entered the US in March of 1999.
She applied for Substantial Presence Test. The student has a TIN. She has applied for asylum 08/15/2020 and that is pending. She does not have a current visa nor has she provided an EAD. According to the history she provided, she has been a student since 2015 and did not give more information from 1999 to 2014. She claims that for tax purposes she should be considered Resident Alien.
Can a…
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