Appying visitor visa for parents with ITIN

[pink123]

I showed my parents as dependents while filing my tax in 2012 returns as I am doing the major support for my parents.

They have never visited US but my tax consultant told me if doing major support then you can have ITIN.

Now my parents have a visitor visa interview and I have provided the ITIN no in the application.

Is that an issue for the B2 visa?

 

[rahul412]

I showed my parents as dependents while filing my tax in 2012 returns as I am doing the major support for my parents.

Really?? Is that possible?? If so then I will do it next year.

[jairichi]

I think it is illegal to do so. If it is legal then every foreigner would claim their parents abroad as dependents and send most of their earnings to them and claim for tax deduction. Double check with a good tax counsellor. If you come to know it is illegal better amend your tax returns and pay dues to government. If not you might end having trouble later

[t75]

OP, You need a new tax consultant - CPA or enrolled agent only - and will likely need to file an amended return.  Did your parents file and pay income taxes to the US? Adult dependents - even those living in the US - have a very low income limit for status and tax filings; "major support" is not a criteria. How did they get an ITIN number - especially if they never had a visa?

 

I suggest that you go home to care for them where US tax laws do not apply.

[t75]

Be sure you do not lie on their application and tell them not to lie at their interview. In fact, they should proudly tell the interviewing VO that they already have an ITIN number and are on your taxes.

[rahul412]

I think it is illegal to do so. If it is legal then every foreigner would claim their parents abroad as dependents and send most of their earnings to them and claim for tax deduction. Double check with a good tax counsellor. If you come to know it is illegal better amend your tax returns and pay dues to government. If not you might end having trouble later

Yes indeed, that's illegal....!!!!!

[nineballs]

Text from IRS website;

**************

Citizen or Resident Test
You generally cannot 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.

**************

source - http://www.irs.gov/pub/irs-pdf/p501.pdf

 

So, If pink123's parents are a resident of Canada or Mexico, He is good.

[chakrakr]

Having an ITIN per say is not an issue.  A foreigner can definitely have an ITIN.  However,  claiming them as a dependent on Tax Return is an issue.  As I understand,  to be claimed as a Tax Dependent,  the dependent must be a Resident of US  or Canda or Mexico. 

[t75]

If someone has never entered the US with a valid reason for an ITIN, they should not have it. OP said in first post that parents had never entered the US. How did they get the ITIN?

[rahul412]

Text from IRS website;

**************

Citizen or Resident Test

You generally cannot 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.

**************

source - http://www.irs.gov/pub/irs-pdf/p501.pdf

 

So, If pink123's parents are a resident of Canada or Mexico, He is good.

The very first post itself says that OP's parents are not residents.

 

OP, first contact some good tax consultant and after that apply for visiting visa. Once you pay that taxes then you should be good to go.

[chakrakr]

If someone has never entered the US with a valid reason for an ITIN, they should not have it. OP said in first post that parents had never entered the US. How did they get the ITIN?

It is not necessary to be in US to have ITIN.  For example,  a Resident of Canda /Mexico can be claimed as Dependent in your return.  How do you do that ?  You need a ITIN even though the person might have never entered US. 

 

OP's parents are definitely not resident of Canada/MExico (because they need Visitor Visa)  and so OP violated the law by claiming them as Dependent.  However,  merely possesign an ITIN in itself is not an issue.