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Let's say I'm filling out my 2023 tax return in early 2024. The form asks a question like:

"Have you ever applied to be a green card holder (lawful permanent resident) of the United States?"

Now, hypothetically, if I applied for a green card in January 2024, how would I answer this for my 2023 return?

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    where does a tax form ask anything like that?
    – littleadv
    Commented Oct 8 at 23:12
  • that's an example from irs.gov/pub/irs-pdf/f1040nro.pdf
    – Howdedo
    Commented Oct 9 at 1:48
  • Given most questions explicitly say "during the tax year" or "a prior year" or specific calendar years, but C D F say "ever" and don't, I would take them literally and include subsequent-year actions. There are certainly other things matching your title but not your specific question; common ones are contributions to an IRA or HSA (up to April 15 of subsequent year) and corrections of excess contributions (up to Oct. 15 of subsequent year) that definitely go on the return for the now-past year.
    – dave_thompson_085
    Commented Oct 9 at 2:54

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You're referring to question on line C of Schedule OI for the form 1040NR. The question asks "have you ever". If you have - then you answer "yes". In other questions specific dates or tax years are referenced, so it is explicitly required to answer this "yes/no" question without regard to the tax year of the event.

However, if you're applying for green card in 2024 while being in the US in 2023, there are very few circumstances under which you'd be filing this schedule, and I suggest you discuss this with your immigration attorney or tax advisor.

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