[ChenJ2013]

Hi,
I've been in the U.S. since September 2005 on a B2 visa.
In April 2006, I've changed my status to F1 and have been in school since then.
I've no income in the U.S. nor any income in my home country Malaysia.
Throughout these years, I've never submitted any income taxes and have not even submitted a form 8843.
However, this year 2013, I've received a 1098t from my school.
Should I file for the tax this year?
Am I be considered a resident alien for tax now?
Which form or forms should I use to file this tax?
Also, my mum's petition for my PR status is still pending.
Will that affect my status?
Please advise.
Thank you.

[AtlantaTaxExpert]

ChenJ2013,

You are a resident alien for tax purposes, and have been starting on 1 January 2011.

For this reason, yes, you SHOULD file a tax return for 2011 AND 2012 to claim the $1,000 refundable portion of the American Opportunity Credit. This assumes yo have been paying tuition both years.

To know for sure whether you qualify for the $1,000 refund, I would have to see the Form 1098-T.

If you believe that you will need professional help filing filing these returns, this IS what I do. Please double-click on my name (Atlanta Tax Expert) above to access my profile. You will find my email address in the signature portion of the profile (scroll down to the BOTTOM of the page).

[ChenJ2013]

As a resident alien, is it wrong if I don't file my tax return. I don't want to claim the $1000 refund because I'm worry that it will affect my mum's petition for my change of status. Moreover, I don't have any income to file. Please advise.
Thank you.

[AtlantaTaxExpert]

It will have NO EFFECT at all on your petition. You ARE a resident for tax purposes, and you have the legal right to claim these credits.