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-   -   Can H1B claim a person on student visa as dependent? (https://www.askmehelpdesk.com/showthread.php?t=333746)

  • Mar 25, 2009, 11:31 AM
    tamirmd
    Can H1B claim a person on student visa as dependent?
    Hi ,

    Have been residing in the US for almost 2 yrs now. My brother joined here for his studies last August . Now the question is can I claim him as my dependent ?

    These were my answers to Turbo tax questions

    1. Was my brother a full-time student during at least five calendar months of 2008 - Yes
    2. Did my brother provide more than half of his own support in 2008 - No
    3. Was my brother a member of your household for more than six months of 2008 - No
    4. Did my brother receive income of $3,500 or more in 2008 - No
    5. Did I provide more than half of my brother's total support in 2008? - Yes
    6. Is my brother a qualifying child of someone else for 2008 - No
    7. Was my brother married at any time during 2008 - No

    According to which I can claim my brother as dependent. Just wanted to be sure before I proceed.

    Please help me find an answer .
  • May 14, 2009, 02:17 PM
    AtlantaTaxExpert
    Your brother is a student on a F-1 visa and therefore, by definition, is a non-resident alien.

    Non-resident aliens CANNOT be dependents.
  • Jun 12, 2009, 01:37 PM
    IntlTax

    Agreed. He is not a resident of the U.S. Canada, Mexico, Japan, or Korea. Thus, he cannot be a dependent.

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