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FAQ

As a U.S. person under J1 or H1B visa, why am I not allowed to ask for an SSN for my foreign born children? Will that change with a green card?
Or maybe the problem is that you failed to read the instructions, and thus did not realize that you can claim personal exemptions, take the deduction for child care expenses, and even claim the child tax credit (CTC) or the additional child tax credit (ACTC), with regard to your your foreign born children on your US taxes, as long as they reside with you in the United States. All you have to do is obtain an ITIN for each such child prior to the due date of the return (and if you claim the CTC or ACTC, complete Part I of Schedule 8812 and attach that schedule to your return). The only tax credit that you cannot claim with respect to a foreign born child who is neither a citizen nor a lawful permanent resident is the earned income tax credit.Presumably, you have not yet obtained ITINs for your US resident children, and so you will not be able to amend your past year returns to claim the CTC or ACTC for your children. However, you can probably still obtain ITINs for them now and amend your returns (up to three years back) to at least include them as dependents, claim them as deductions, and get a refund of your overpayment. You may wish to consult with a tax attorney or other tax professional, since the process for amending a previously filed tax return is complicated.Of course, you are free to disregard the instructions and file a tax return in which you fail to claim deductions to which you are entitled, and then go on the Internet and launch ill-informed rants at the United States for being insensitive to your needs. The First Amendment guarantees you this freedom.Topic 857 Individual Taxpayer Identification Number (ITIN)Publication 17 (2021), Your Federal Income TaxPublication 503 (2021), Child and Dependent Care Expenses