EITC first year

[ProbeGT 47]

Can a new immigrant receive the EITC?  The instructions [https://www.irs.gov/pub/irs-pdf/p596.pdf] state that one must be a resident "all year" (Rule 4),.

[Wuozopo 4,293]

54 minutes ago, ProbeGT said:

Can a new immigrant receive the EITC?  The instructions [https://www.irs.gov/pub/irs-pdf/p596.pdf] state that one must be a resident "all year" (Rule 4),.

Is the immigrant married to a US citizen?

[ProbeGT 47]

Parent of USC. Immigrated earlier this year and started working 

[Wuozopo 4,293]

22 hours ago, ProbeGT said:

Parent of USC. Immigrated earlier this year and started working 

Then no. A spouse of a USC could get the perk of choosing to be treated as a resident alien for the entire year. 
 

If you (or your spouse, if married) were a nonresident alien for any part of the year, you can’t claim the earned income credit unless your filing status is married filing jointly. You can use that filing status only if one spouse is a U.S. citizen or resident alien and you choose to treat the nonresi dent spouse as a U.S. resident.