Long Beach, CA asked in Immigration Law and Tax Law for Colorado

Q: Can an undocumented immigrant, who was an independent contractor, file a tax return without a 1099 or W-2?

He will apply for an ITIN with the tax return.

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1 Lawyer Answer

A: Yes. You are a tax resident, not a permanent resident, if you reside in the U.S. for more than 183 days, so if you owe taxes, then you are required to file a Federal tax return. In addition, this filing can help confirm that you resided in the U.S. should it be necessary to prove it.

If you have any more questions about immigration or tax law, then I strongly recommend an appointment with a competent and experienced immigration and/or tax attorney. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

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