For tax purposes, is my status nonresident alien or resident alien with 22+ years in the US?

I'm filling out a W-4 form for my new job, and I'm stuck on the very first question. ADP's digital form is asking if I'm a **nonresident alien** or a **US citizen or a resident alien** and I'm honestly confused about which option applies to me. Here's my situation: - Not a US citizen - Don't have a green card - I do have a valid SSN - I've lived in the US for about 22-23 years (came when I was a toddler, around 2-3 years old) - Never left the US since arriving According to the form, I'm considered a nonresident alien if I'm not a US citizen AND I don't meet either the green card test OR the substantial presence test for the calendar year. From what I understand, I might be a resident alien if I pass EITHER the green card test OR the substantial presence test. I definitely don't pass the green card test since I don't have one. For the substantial presence test, it says I need to be physically present in the US for: - At least 31 days during this year, and - 183 days during a 3-year period (counting all days in current year, 1/3 of days in previous year, and 1/6 of days from the year before that) Since I've been in the US continuously for over 20 years, I'm thinking I'm a **resident alien** for tax purposes? I've never left the country, so I should pass the substantial presence test, right? I just want to be 100% sure before I submit this form. Don't want to mess up and get in trouble with the IRS down the road! Any help would be super appreciated!

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18 comments

NeonNebula

•8M

Yes, you're absolutely a resident alien for tax purposes! The substantial presence test is designed for exactly your situation. Since you've lived here continuously for 22-23 years without leaving, you easily meet both requirements of the substantial presence test: more than 31 days in the current year and more than 183 days in the 3-year period. In fact, you'd have 365 days for the current year alone (or 366 in leap years). When filling out your W-4, you should select "US citizen or resident alien" option. For tax purposes, resident aliens are treated almost identically to US citizens - you'll file the same tax forms, claim the same deductions and credits, and be taxed on your worldwide income. Just to be clear, your tax status is completely separate from your immigration status. Even without a green card, you're still considered a resident alien for tax purposes based on your physical presence in the country.

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NeonNebula

•8M

Yes, you should definitely select "US citizen or resident alien" even without a green card. The tax system lumps these two categories together because they're treated the same way for tax purposes. Your substantial presence in the US is what qualifies you as a resident alien, not your immigration status. You'll file taxes exactly like a US citizen would. You'll use the standard Form 1040, claim any deductions or credits you qualify for, and report all your worldwide income. There are virtually no differences in how resident aliens and citizens file their taxes or what forms they use.

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Isabella Costa

•8M

I was in almost the exact same situation as you last year! I came to the US when I was 5, lived here for 19 years with no green card, and was really confused about the W-4 too. After a ton of research and stressing about it, I finally found this tool called taxr.ai (https://taxr.ai) that specifically helps with figuring out residency status for tax purposes. It basically asked me a series of questions about my time in the US, travel history, and visa status, then gave me a clear answer with the IRS regulations to back it up. Turns out I was definitely a resident alien for tax purposes despite not having a green card. The substantial presence test was the key thing. What I really liked was that it explained exactly which box to check on the W-4 and other tax forms. Saved me so much anxiety about potentially filling things out wrong!

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Isabella Costa

•8M

It's not just a simple automated tool - it actually analyzes your specific situation using the IRS rules. You can upload documents and get detailed explanations about how the rules apply to your circumstances. It's not just giving generic advice. For international travel complications, that's actually where it's most helpful. It breaks down exactly how many days count toward your substantial presence calculation, even with complex travel patterns. It saved me from having to do all those calculations manually. The tool definitely handles exceptions to the substantial presence test. It asks about visa types, including F, J, M, and Q visas, and applies the correct exemptions based on your status. It even explains which days don't count toward the substantial presence test based on your specific visa situation.

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Ravi Malhotra

•8M

I just wanted to update everyone that I tried taxr.ai after posting my question here, and it was incredibly helpful for my situation! My case was actually more complicated than OP's because I had traveled internationally a few times on my student visa. The tool walked me through all the exceptions to the substantial presence test and helped me calculate exactly which days counted and which didn't. It turns out that because of my specific visa status and travel history, I'm actually a nonresident alien for tax purposes despite living here for several years. This completely changed how I needed to file my taxes! I would have been doing it all wrong if I hadn't figured this out. If you're unsure about your tax residency status, especially with any kind of complicated international situation, I'd definitely recommend checking it out.

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Omar Farouk

•8M

I had a nightmare situation with the IRS last year because I marked the wrong alien status on my tax forms. Spent literally WEEKS trying to get through to someone at the IRS to fix it. After calling dozens of times and always getting the "call volume too high" message, I found this service called Claimyr (https://claimyr.com) that got me through to an actual IRS agent in less than an hour. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c Basically it keeps dialing for you and holds your place in line so you don't have to spend your entire day on hold. When I finally got through, the agent confirmed that I was indeed a resident alien based on the substantial presence test (similar to your situation) and helped me file an amended return to correct the mistake. Saved me from potentially getting audited or worse. If you ever need to actually speak with someone at the IRS about your filing status, this is way better than trying to call yourself and getting nowhere.

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Omar Farouk

•8M

It doesn't have a special connection to the IRS at all - it just automates the calling and waiting process. Think of it like having a virtual assistant repeatedly calling for you and waiting on hold so you don't have to. When they finally get through to a human, you get a call back so you can talk to the IRS agent directly. What makes it valuable is it saves you from having to manually redial dozens of times when you get the "call volume too high" message and from having to sit on hold for hours. The IRS phone system is notorious for disconnecting people after long waits, and this service prevents you from losing your place in line if that happens. I was skeptical too at first, but after spending days trying to get through myself with no success, I was desperate. It's not a magical solution - it just handles the frustrating and time-consuming part of the process for you. You still talk directly with the same IRS agents everyone else does.

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AstroAlpha

•8M

Ok so I have to admit I was totally wrong about Claimyr. After my skeptical comment, I actually tried it last week because I've been trying to resolve an issue with my tax transcript for MONTHS with no luck getting through to the IRS. The service actually worked exactly as described. It handled all the calling and waiting, and I got a call back when an actual IRS agent was on the line. Solved my transcript issue in one call after months of frustration. What shocked me was how the IRS agent I spoke with wasn't even surprised - she said a lot of people are using services like this now because it's virtually impossible to get through otherwise. Apparently the average wait times are over 2 hours when you can even get in the queue! For anyone dealing with tax status issues like the original poster, being able to actually talk to a human at the IRS can make all the difference. Definitely saved me tons of time and stress.

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Diego Chavez

•8M

Something important that nobody has mentioned yet - even if you're a resident alien for tax purposes, your IMMIGRATION status is completely separate. Being a tax resident doesn't give you any immigration benefits or protection. I learned this the hard way. I was a tax resident for years (filing as a resident alien) but still had issues with my immigration status. The IRS and USCIS don't share this information, and being compliant with tax laws doesn't help your immigration case. Make sure you're also working on your immigration status separately if that's a concern for you. Being a resident alien for tax purposes doesn't mean you're legally "resident" from an immigration perspective.

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Diego Chavez

•8M

There's generally no downside to being classified as a resident alien for tax purposes when it comes to future immigration applications. In fact, having a consistent tax filing history is usually seen as a positive factor when applying for permanent residency or citizenship. What immigration officers typically look for is that you've been properly filing and paying taxes according to your correct status. If you're physically present enough to qualify as a tax resident, then filing as a resident alien is exactly what you should be doing. The important thing is consistency and honesty in your tax filings. The only potential complication would be if you were trying to maintain nonresident status in the US for some specific tax treaty benefit. But for someone in your situation who has been here continuously for 22-23 years, filing as a resident alien is appropriate and won't create immigration complications.

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