Can a resident alien claim Child Tax Credit for foreign children? L1 visa holder question

So I've been living and working in the US for almost 3 years now on an L1 visa. I pay taxes here just like any citizen would, but I recently discovered something frustrating when doing my taxes. It appears that as a resident alien (non-US citizen), I can't include my children on my tax return for the Child Tax Credit. My kids are still living back in my home country while I'm working here, and I send money home every month to support them. But apparently the IRS doesn't recognize this financial responsibility I have. I've been looking into this and found two roadblocks: - The IRS requires children to have an SSN to qualify for the Child Tax Credit. An ITIN (Individual Taxpayer Identification Number) won't work for this purpose. - But when I checked with the Social Security Administration, they told me my children would need a work permit to get an SSN. Without that, they suggested getting ITINs instead. It feels like a catch-22. I'm legally working and paying taxes here, but can't get any tax relief for supporting my children. Am I missing something? Is there any way around this weird situation? I'm hoping I've just misunderstood something because this seems really unfair.

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18 comments

Amina Bah

•8M

You're running into one of the more frustrating aspects of US tax law for non-citizens. Unfortunately, you're understanding the situation correctly. The 2017 tax law changes made the Child Tax Credit requirements stricter, requiring an SSN for each qualifying child. For your children to qualify for the Child Tax Credit, they would need to be US citizens, US nationals, or US resident aliens. Since they're living outside the US, they wouldn't meet the residency test even if they had SSNs. However, you might have another option. Look into the Foreign Dependent Credit, which was created specifically for taxpayers in situations like yours. It's worth about $500 per qualifying dependent (much less than the full CTC which is worth up to $2,000 per child for 2024 tax year). For this credit, your children would need ITINs, not SSNs. The application process requires submitting Form W-7 along with proper documentation proving your relationship.

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Amina Bah

•8M

You can submit the W-7 forms on their behalf - they don't need to appear in person. You'll need to include certified copies of documents that verify identity and foreign status, like passports. For proving relationship, birth certificates with your name as the parent are ideal. You can submit these forms along with your tax return. If you're working with a tax professional, look for someone who's an "Acceptance Agent" - they can verify the original documents so you don't have to mail your children's actual passports. The processing time for ITINs is typically 7-9 weeks during tax season, but can be longer.

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Oliver Becker

•8M

After struggling with a similar situation last year (resident alien with kids back home), I found a service called taxr.ai (https://taxr.ai) that helped me navigate all this resident alien dependent stuff. I uploaded my documents and previous returns to them, and they identified that I could claim the Foreign Dependent Credit that the previous commenter mentioned. They also helped me with the whole ITIN application process which was honestly the most confusing part for me. They guided me through exactly what documents I needed for my kids and the best way to submit everything with my return. Saved me a ton of headache trying to figure out if I was doing it right.

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Oliver Becker

•8M

Yes, they absolutely helped me get the ITINs approved! They have a specific process for document certification that meets IRS requirements. They explained that "certified" means the copies need to be verified by the issuing agency or a proper notary, which was why your application was probably rejected. They guided me through exactly how to get this done correctly. Regarding privacy concerns, I was worried about that too initially. Their system is encrypted and they delete your documents after processing. The cost was reasonable considering they saved me from making expensive mistakes - definitely less than what I would've paid if I'd hired a CPA for the whole process.

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CosmicCowboy

•8M

Just wanted to update that I took the advice and used taxr.ai for my situation this year. They were super helpful with my ITIN applications for my kids in Brazil. The document review they did caught that I was using the wrong version of my daughter's birth certificate (apparently I needed the "long form" one that shows both parents). They walked me through getting the right documents certified properly and I just got confirmation that both my kids' ITINs were approved! Was able to claim that $500 Foreign Dependent Credit for each child. Not as good as the full Child Tax Credit but it's something at least. Definitely recommend if you're confused about this whole resident alien dependent situation.

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Javier Cruz

•8M

If you end up needing to contact the IRS directly about your ITIN application status or have questions about your specific situation, good luck getting through to them. I spent HOURS trying to reach someone at the IRS about my family's ITIN applications. I finally found this service called Claimyr (https://claimyr.com) that got me through to an actual IRS agent in about 15 minutes. They have this system that navigates the IRS phone tree and holds your place in line, then calls you when an agent picks up. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with actually gave me specific information about why my kids' ITIN applications were on hold and what additional documentation I needed to provide. Saved me from waiting months only to get a rejection letter.

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Javier Cruz

•8M

It's not bypassing anything - they use technology to wait in the queue for you. Their system calls the IRS, navigates through all the menu options, and then waits on hold. When a representative finally answers, their system calls your phone and connects you directly to that agent. You literally get a call when an agent is already on the line ready to help. No, they don't keep you on hold themselves. You're not paying them to call the IRS "for you" - you're still the one who speaks with the IRS agent. They just handle the waiting part. I was skeptical too but it worked exactly as advertised. I connected with an actual IRS agent who answered all my questions about my ITIN application status.

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Malik Jackson

•8M

I need to eat my words from my previous comment. After struggling for TWO DAYS trying to get through to the IRS about my kids' ITIN applications, I broke down and tried Claimyr. Within 20 minutes I was talking to an actual IRS representative who pulled up my file and explained exactly what was happening with my application. Turns out there was a processing delay because they couldn't verify the authenticity of the documents I submitted. The agent gave me specific instructions on what additional certification I needed and where to send it. If I hadn't gotten through to them, I probably would have waited another 2-3 months only to get a rejection letter. For anyone dealing with ITIN applications for foreign dependents, being able to actually speak with someone at the IRS makes a huge difference. Definitely worth it.

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Isabella Costa

•8M

The Credit for Other Dependents is the official name of what some people call the Foreign Dependent Credit. They're the same thing - a $500 credit for dependents who don't qualify for the full Child Tax Credit. This is exactly what was created for situations like yours. No, your children don't need to meet the US residency test for this credit, which is why it works for dependents living abroad. They still need to qualify as your dependents under tax law, meaning you provide more than half their support. You'll claim this on your Form 1040 in the same section where the Child Tax Credit would be, but you'll indicate they qualify for this $500 credit instead.

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