Here's the cliff notes:
I'm a full time student with an F1 Visa and Chinese citizen.
I live in the California
I plan to grind live poker consistently when I turn 21 next month
I'll definitely get hit with the US tax withheld if I play live tournaments

My question is, if I play consistently and file for taxes, does it work out the same as someone who is an US citizen and is not subjected to tax withheld at the end of year? I kept reading about people saying US live MTTs are not worth playing because of the tax withheld but why does it matter if you file the taxes and get whatever refund/ deduction you are entitled to?

Also, afaik, a non-immigrant visa holder is not allowed to be employed but should file for income taxes if needed, so filing as a full-time student/ amateur gambler shouldn't cause me any problems in that regard? Does it matter if the number gets big (100k+) assuming I'm going to be organized? Will filing taxes consistently impact my chance of getting other types of Visa in the future in any way?(immigration/ working/ or even tourist)

Check this out:

http://forumserver.twoplustwo.com/sh...2&postcount=35

The issue here is that if the IRS examines your return and finds that you are depending on your gambling income for your living expenses, they may re-categorize this income as business income, requiring the Schedule C and taxes on your net gambling income. This potentially could lead to issues with the Immigration Service in regards to your Student Visa status if they got wind of it.

Does this mean even if I file as a student and amateur gambler, if I have a consistent income from gambling I could still be potentially considered a professional? Sounds very arbitrary and non-specific in terms of what qualifies

Yep. Depends on:

1. The IRS picks our your tax return to review. (Which would be somewhat likely, imo, if the poker rooms are submitting several W-2Gs for your tournament winnings.)

2. The arbitrary decision of the IRS auditor to classify you as a professional gambler.

I'm not a tax professional, so you should probably get some pro advice.

But perhaps the biggest take-away from all the info is that if you are not filing as a pro, you can't deduct your gambling losses on your Form 1040NR. You will be reporting all your tournament winnings, and can't deduct as losses any of your buy-ins from tournaments you bust. (Same with cash game sessions.) Since you are not from a country which has a tax treaty for gambling with the U.S., your U.S. tax bill may exceed the amount of your winnings.

**** just got more confusing. I just talked to a lawyer friend of mine and apparently I DO have the option to file as a professional. She said profession does not equal employment so I am be unemployed (or full-time student) and still file as a professional gambler and it will not affect my Visa status.

Glad you got the answer you needed. Not sure I agree though:

https://www.uscis.gov/working-united-states/working-us
https://travel.state.gov/content/vis...r-program.html

"Temporary Visitors For Business

To visit the United States for business purposes you will need to obtain a visa as a temporary visitor for business (B-1 visa), unless you qualify for admission without a visa under the Visa Waiver Program."

You might want to call the USCIS and ask if you are allowed to play legal poker tournaments to earn money while here on your F-1 Visa:

National Customer Service Center
800-375-5283