I am a H1b Visa Holder in USA from March 2006 ,Spouse and Kid joined me in Oct 2006
On H-4 Visa.Both got their ITIN nos.They left for India in May 2007 and continued to stay there through out 2007 & 2008.They Came back to USA in 2009.
I have filed Married filing jointly for Year 2006 and claimed Child Tax Credit
And continued to file Married filing jointly & claimed Child Tax Credit
For year 2007 and 2008.Do you see any issues with 2007 and 2008 with the filings for 2007 and 2008, since they were in India.
Thanks

Yes, I DEFINITELY see an issue.

Your children are NOT U.S. citizens, so you are NOT allowed to claim them as dependents on your U.S. tax return if they are NOT PHYSICALLY PRESENT in the U.S. for at least one day in the tax year.

Based on your post, you filed improperly for the 2008 tax return.

Totally agree with AtlantaTaxExpert