My husband has been living in the US for 16 years and is still illegal. Can he clain earned income on his taxes with an ITIN?

Has he been filing his tax return every year? Are YOU a U.S. citizen?

He has only claimed one time and was told he could not get EIC

I have already answered via e-mail, but let me expound.

He is no longer illegal because he married to you, a U.S. citizen. He is still undocumented, but I addressed that in the e-mail.

You need to file jointly and apply for an ITIN with Form W-7. If he has not filed for 2003, 2004 and 2005, he needs to file for these years. Excess taxes for any year prior to 2003 cannot be refunded by law.