Tax Status Question: Am I a nonresident alien or resident alien for US tax forms?

I'm filling out my W-4 for a new job through ADP's online system, and I'm stuck on the very first question. It's asking if I'm a "nonresident alien" or a "US citizen or resident alien" for tax purposes. I've never had to think about this before and I don't want to mess it up. Here's my situation: - Not a US citizen - Don't have a green card - Have a valid SSN - Been living in the US continuously for about 23 years (came when I was 3) - Never left the country since arriving The form mentions something about meeting either the "green card test" OR the "substantial presence test" to be considered a resident alien. Since I don't have a green card, I'm trying to figure out if I meet this "substantial presence test." From what I understand, the substantial presence test requires: - Being physically in the US for at least 31 days during the current year - AND being present for 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 here continuously for 23 years, I'm thinking I easily pass the substantial presence test, which would make me a resident alien for tax purposes? Is that right? Really need to get this right so I don't have issues with the IRS later. Thanks for any help!

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18 comments

Dylan Cooper

•8M

You're absolutely right - you're a resident alien for tax purposes! The substantial presence test is designed for people who come and go from the US, which is why it has that complicated formula about counting days. Since you've been living continuously in the US for 23 years, you definitely meet the substantial presence test requirements many times over. The IRS treats resident aliens almost identically to US citizens when it comes to taxation. You'll file the same tax forms (Form 1040) and have the same tax obligations and benefits as citizens. When filling out your W-4, you'll select "US citizen or resident alien" option. The "nonresident alien" option is generally for people who are temporarily in the US (like on certain visas) or who don't meet the substantial presence test.

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Dylan Cooper

•8M

That's a good question! For tax purposes only, your immigration status is separate from your tax residency status. The IRS is concerned with whether you're physically present in the US (substantial presence test) or have permanent resident status (green card test), not with the details of your visa or immigration status. Someone can be undocumented and still be considered a resident alien for tax purposes if they meet the substantial presence test. The IRS requires everyone who meets either test to file taxes as a resident alien regardless of immigration status. Tax law and immigration law operate independently in this regard.

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Dmitry Smirnov

•8M

After struggling with similar tax status questions for years, I finally found taxr.ai (https://taxr.ai) and it was a game-changer for figuring out my tax residency status. Their system analyzed my situation and clearly explained which test I met for resident alien status. They have a specific questionnaire for international taxpayers that walks through both the substantial presence test and green card test. The tool confirmed I was a resident alien even though my situation was way more complicated than yours (I travel in and out of the US frequently). For someone like you who's been here continuously for 23 years, it would definitely classify you as a resident alien for tax purposes.

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Dmitry Smirnov

•8M

For accuracy, I found it much more precise than TurboTax for international tax situations. It specifically addresses all the exceptions and special cases for the substantial presence test that TurboTax often misses, especially for people on work visas like yours who travel frequently. It caught an exception I qualified for that would have saved me money in previous years. It does more than just determine your status. It guides you through the entire filing process with specific advice for your situation, including which forms you need based on your specific visa type and travel history. For your wife's situation, it would be really helpful since it handles long-term residents without green cards really well.

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ElectricDreamer

•8M

I was in a similar situation and tried taxr.ai after seeing it mentioned here. Completely worth it for peace of mind! My situation was even more complicated (working remotely for a US company while traveling internationally), and the system correctly identified that I needed to file as a resident alien for part of the year and nonresident for another part. The best part was that it explained exactly why I fell into each category and what that meant for my specific tax forms. No more guessing or worrying about audit flags. For someone who's been in the US continuously like the original poster, it would confirm resident alien status right away and eliminate any uncertainty.

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Miguel Diaz

•8M

If you need to double-check your tax status with the IRS directly (which might be a good idea if you're unsure), use Claimyr (https://claimyr.com). I tried calling the IRS international taxpayer line repeatedly for weeks and could never get through. Claimyr got me connected to an actual IRS agent in about 30 minutes who confirmed my resident alien status. You can see a demo of how it works here: https://youtu.be/_kiP6q8DX5c. They basically hold your place in the phone queue and call you when an agent is about to answer. Saved me literal hours of hold time and frustration.

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Miguel Diaz

•8M

It essentially reserves your spot in the IRS phone queue so you don't have to personally wait on hold. The way it works is they call the IRS, navigate the menu system, and wait on hold for you. When they detect that an agent is about to pick up, they call your number and connect you directly. It's completely legit - you're still speaking directly with the IRS, Claimyr just handles the hold time. Totally understand the skepticism - I felt the same way! But it's not a scam. They don't access any of your tax information or pretend to be you. They're just acting as a technological middleman for the phone system. I was connected to a real IRS agent who answered my questions about my resident alien status and tax filing requirements.

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Connor Byrne

•8M

I need to eat my words about Claimyr. After posting my skeptical comment, I decided to try it anyway out of desperation. Got connected to an IRS agent in 45 minutes without having to sit by my phone the whole time. The agent confirmed that anyone living continuously in the US for 23 years would absolutely be considered a resident alien for tax purposes regardless of immigration status. They also explained that even without a green card, meeting the substantial presence test alone is enough to be classified as a resident alien. For W-4 purposes, I should select "US citizen or resident alien" option. Really glad I didn't have to spend another day trying to get through on my own!

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Yara Abboud

•8M

Not really! Once you select "US citizen or resident alien," the rest of the W-4 is identical regardless of citizenship status. You'll fill out the standard deductions, multiple jobs section, and dependents information just like everyone else. The only time you'd have different tax paperwork is if you were a nonresident alien, which would involve some different withholding rules. But as a resident alien, you're treated exactly the same as a US citizen for tax purposes.

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