I have been filing jointly for the past 4 years, I am a US citizen, my husband is not and was using his ITIN. I was told that we weren't able to qualify for EICT due to his status. We have two kids(4 & 3 years old). We separated last month and I want to find out if for 2007 I can file single, head of household and claim my past credit if I file on my own. Please advise.

Are you LEGALLY SEPARATED as specified by the laws of your state? If so, then you are considered unmarried and you CAN file as Head of Household. A phone call to the local courthouse or to your divorce attorney should reveal the answer.

If not, then you have not been separated LONG ENOUGH to file either as SINGLE of Head of Household.