QUESTION
Would immigration deny my husband if he has never filled out a tax return?
Asked on Aug 04th, 2011 on Immigration - Florida
More details to this question:
I filled I-130 & I-864, the beneficiary is My Husband. He has and is currently working in the US but has NEVER filled tax return NOR i've claimed him. Do you think that would be a problem to were immigration may deny him from obtaining his residence in the US?
8 ANSWERS
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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Failure to pay taxes may be an issue, but that is generally not an immigration problem. Has he been working unlawfully and how did he enter the US? Those are typically more relevant issues.
Answered on Aug 24th, 2011 at 5:26 PM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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Is he eligible to file an I-485 as well or will he be processing overseas? With regard to the tax returns he should consult an accountant or tax attorney as he is likely to be eligible for a tax refund.
Answered on Aug 23rd, 2011 at 6:36 PM
Immigration Attorney serving Los Angeles, CA
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The Law Offices of Steve Paek
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In response to your question below, since you are the sponsor your financial status is in question, not your husband. Therefore, it is imperative that you file your taxes to meet the government's requirements. There are many other requirements and additional forms that will need to completed, however, that you did not mention in order for him to obtain his residency in the US. If you would like to discuss this please contact me for a consultation.
Answered on Aug 23rd, 2011 at 11:58 AM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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Every one should pay taxes regardless of their immigration status. IRS has its own rules if some one does not pay taxes. Evading taxes may also be prosecuted by US attorneys as a federal crime. To apply for permanent residency there is no requirement as to showing taxes for the beneficiary. But once the permanent resident applies to naturalize, tax becomes an important issue and the person may not be eligible for naturalization if he or she did not properly pay his/her taxes.
Answered on Aug 23rd, 2011 at 11:22 AM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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The failure to file a tax return alone is not a bar to adjustment of status, but it may be a factor in USCIS exercising their discretion. More important is the length of time he has been in the US without permission and how he obtained employment. Did he enter the US with a visa or without inspection?
Answered on Aug 23rd, 2011 at 11:22 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Unlikely just because he did not file tax return. It is possible that some CIS officers may ask why he did not file tax return or even ask him to show he paid taxes.
Answered on Aug 22nd, 2011 at 7:36 PM
Corporate & Incorporation Attorney serving Coral Gables, FL
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Hans Burgos, P.A., Immigration Law Offices
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It might be considered as him lacking good moral character. Contact an immigration attorney.
Answered on Aug 22nd, 2011 at 6:06 PM