My son's petition is on process

[Ruby Jade 0]

My son's petition is on process. USCIS receieved it last December 2018. I was wondering if I can file at IRS for his ITIN and if there is any possibility that I can claim him when I file my tax?

[Khallaf 650]

2 hours ago, Ruby Jade said:

My son's petition is on process. USCIS receieved it last December 2018. I was wondering if I can file at IRS for his ITIN and if there is any possibility that I can claim him when I file my tax?

as long as you turn in the proper documentation for the W7 yes you can get your son an ITIN and take the credit on your tax return.

[kzielu 1,149]

2 hours ago, Ruby Jade said:

My son's petition is on process. USCIS receieved it last December 2018. I was wondering if I can file at IRS for his ITIN and if there is any possibility that I can claim him when I file my tax?

As soon as he lives with in US with you I believe.

[Khallaf 650]

20 minutes ago, kzielu said:

As soon as he lives with in US with you I believe.

you can claim a child, or a spouse even if not in the USA, as you can apply for ITIN I did this for my husband while he was living in Egypt.

[kzielu 1,149]

3 minutes ago, Khallaf said:

you can claim a child, or a spouse even if not in the USA, as you can apply for ITIN I did this for my husband while he was living in Egypt.

As dependent ? Filing jointly with a spouse not living in US is different than claiming a child as dependent - basic requirement is that he/she needs to live with you at least half of the tax year.

 

Also (from IRS publication 501) : 

 

You generally can't claim a person as a dependent unless that person is a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico. However, there is an exception for certain adopted children, as explained next.

[Khallaf 650]

3 minutes ago, kzielu said:

As dependent ? Filing jointly with a spouse not living in US is different than claiming a child as dependent - basic requirement is that he/she needs to live with you at least half of the tax year.

 

Also (from IRS publication 501) : 

 

You generally can't claim a person as a dependent unless that person is a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico. However, there is an exception for certain adopted children, as explained next.

you are correct and I apologize, you can get an ITIN for a child but it can not be used to get the earned income tax or dependent credit.