How Taxes Affect Immigration Cases

Immigrants and intending immigrants often ask us how problems with their taxes will affect their immigration cases. As, with most immigration questions, the answer depends on your specific case. In general, if you are working in the United States, you should always file a tax return every year, even if you are only paid in cash. Also, properly filed taxes are a factor in deciding whether you have good moral character.

Here is some general information about taxes for some of the cases in which we represent clients:

Deferred Action for Childhood Arrivals (DACA):  Whether or not you have paid taxes, or whether you have filed taxes incorrectly, does not affect U.S. Citizenship and Immigration Services’ (USCIS) decision on DACA applications.

U Visas: As with DACA, taxes are not taken into account when USCIS decides whether to approve U visa applications.

Lawful Permanent Residence: Those applying to adjust status to lawful permanent residence generally do not need to prove that they have paid taxes. However, if they are able to self-sponsor or qualify to have their income counted towards the level of income required of their sponsors, incorrectly filing (or not filing) taxes may prevent potential sponsors from qualifying as sponsors.

Citizenship: You must attest that you have paid taxes since becoming a lawful permanent resident (LPR), and that you don’t owe taxes (or that you are on a payment plan with the IRS), when you complete the naturalization application. So, issues with your tax returns can cause problems, including denial of your application.  In addition, if you owe child support, you must be current with your obligations or in a payment plan for any overdue amounts before you can be approved for citizenship.

In Deportation Proceedings: In certain kinds of cases in immigration court proceedings, you must show you have filed 10 years of tax returns, and that the returns are accurate, in order for an immigration judge to make a finding of good moral character.

Other situations:

• One place where errors in tax returns frequently cause problems is for sponsors for permanent residents (green card applicants). If you have not reported tax information correctly, you may not have enough income shown to be able to sponsor a spouse or other immigrant. This is a common issue for sponsors who are self-employed.
• You should never file inaccurate tax returns in order to prove your presence in the U.S.; look for other documentation for U visas, DACA, court cases.

You should consult with an immigration attorney to see if your case could be affected by inaccurate or unfiled tax returns. However, if you have questions about how to correctly prepare and file your tax return, consult with a trusted accountant or tax expert.

To consult with an experienced attorney about your immigration options, call us at 206-774-8758 or send us an email at info@globallawadvocates.com.