Hi

I'm wondering whether I'm eligible the Earned Income Credit.

My situation
2002-2005: F1 status
2005-2008: H1B status
2008-present: F1 status

Got married in late 2008 to a non-resident (she's been on F2 since Sep2008, wasn't in US before). Our son is a US citizen, born in January 2009.

Since I've been in the US for over 5 years now I am a resident for tax purposes. My wife was issued an ITIN by the IRS.

We are filing married, filing jointly with our son as a dependent.

Total income in 2009 was just over $20k.

Are we eligible for the EIC? I believe I am since I am a resident for tax purposes, but H&R block software is unclear about it.

Thanks a lot for your help!

Yes, on the joint return as residents you can claim child tax credit for your child and EIC.