[tracyukino]

I know if I use a student visa (j, f, q, m) to be in the states for more than five calendar years, then I am counted as a resident alien. Visa of immediate family (j2, f2... ) is counted towards the five years too.

My question is... I came to the states for several months when I was a baby with my mom, who had j2 visa then.
I didn't have a passport of my own. I used my mom's passport with my name as a dependent on it. My name is not on the visa sticker either.. it says "(my mom's name) and multiples"
Does that year count as one of the five years?

Is there any publication about it?
What would happen if I wrongly reported non-resident form to resident? Or resident to non-resident?

Thanks

[AtlantaTaxExpert]

You do NOT need to count the time as a baby against your five-year period, as there is no way to document your stay at that time.