Hi,

My parents were staying with me here in US for 10months in 2008. During that period, I was providing the entire support ( food, shelter, medical ) for them. They went back to India in the month of November 2008.
My sister sponsored their visa in 2000 year. They got visa for 10 years.

My questions are :

1) am I eligible to show them as dependants even though they came on my sisters sponsored visa.

2) How many days should a person (non-resident alien) have stayed in US to claim as a dependent for TaxYear 2008 ?

3) If I can claim them as dependants, I do not have an ITIN for them. Is it possible to get an ITIN for a person who is not currently staying in the country ?

Sincerely appreciate your response.
Desi

1) Yes, because you provided more than half of their total support.

2) They must meet the Substantial Presence Test.

3) Yes, by submitting a signed Form W-7 with a notarized photocopy of their passport.

You must provide more than half of their support for 2008. It includes air fair, expenses in India, and all other expenses.

Copies of passport must be notarized in the U.S. or by U.S. embassy in India. Or submit original passport with W7.

I plan to post a sticky note on this, but, FYI, the U.S. consulates and embassies are no longer certifying passport photocopies.