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looklook · Mar 1, 2009, 02:46 PM

Hi,

My parents first entered US in Sep 2007, and then left in Jan 2008; then re-entered in Feb 2008, and left in Aug 2008. How to fill out the "entry date" and "Length of stay" of W-7 form for this?

1) for "Entry Date", which entry date should be used?

2) for "Length of stay", I need to fill out the total days of 2007 and 2008, or total days of 2008?

Thanks a lot.

Five Rings · Mar 2, 2009, 11:38 AM

I would use the Feb.-Aug. dates and figure the length of stay from those dates.

AtlantaTaxExpert · Apr 27, 2009, 02:38 PM

Five Rings:

Actually, a phone conversation with the IRS International Tax Hotline (it was a call back after they researched the question) reveals that you can use the Substantial Presence Test (SPT) formula to determine if the parents can be claimed as dependents.

Under SPT, the parents DO qualify to be claimed as dependents provided they meet the other income and support criteria for being claimed as a dependent by a child.