File as dependent on taxes with 485 pending?

[alienrayray]

We still have a 485 pending for my mother in law. Can I file her as a dependent on my taxes with her 485 still pending?

[newacct]

Sure. The person's immigration status doesn't affect your ability to claim them as dependents. They just have to be resident aliens for tax purposes that year, which they do if they pass the Substantial Presence Test (the days they are in the US that year + 1/3 the days they are in the US the previous year + 1/6 the days they are in the US the year before that >= 183 days). Their income also has to have been less than about $4k, and you have to have paid for more than half their living expenses during the year.

[ThePhantom]

If she has a SSN, sure. If she doesn't I would file a tax extension because getting an ITIN is a hassle right now.
With an extension, you'll have until October to file your taxes. Maybe she'll have a SSN by then.

[newacct]

Good point about getting an ITIN being a pain and getting an extension to wait for the SSN. Another good reason to get an extension and wait for the SSN is that, if your income is low enough to get the $1400 third stimulus payment, you would be eligible for an additional $1400 for claiming a dependent (your mother-in-law), if her SSN is issued before the tax return due date, including extensions.