IRS Form Question Explained: Does Not Having Filed I-485 Count as 'Applying for a Green Card'?
The article addresses a reader's question about Item C on Form 1040-NR, which asks whether the filer has ever applied to be a U.S. green card holder. Citing IRS guidance, it states that having filed Form I-485 or DS-230 means answering 'yes,' while not having filed I-485 means answering 'no,' and notes the response is informational only, not legal advice.
A reader asked: "Hello, I filed an I-526 EB5 immigrant petition last year (still pending), but I haven't reached the green card application stage yet. I am currently on an F1 Visa. Am I still considered an NRA? The form asks 'Have you ever applied to be a green card holder (lawful permanent resident) of the United States?' Should I answer yes or no?"
The "form" the reader mentions should be Form 1040-NR; item C on page 5 of that form asks: "Have you ever applied to be a green card holder (lawful permanent resident) of the United States?"
Regarding this question, the IRS official instructions are as follows:
Item C: If you have ever completed immigration Form I-485 and submitted the form to the U.S. Citizenship and Immigration Services, or have ever completed a Form DS-230 and submitted it to the Department of State, you have applied to become a green card holder (lawful permanent resident) of the United States.
In other words, if you have submitted Form I-485 (DS-230 is generally not used by most people), you should answer yes; conversely, if you have not yet submitted Form I-485, you should answer no. The above is my understanding, provided for informational purposes only and not as legal advice.
