I am filing a I-130, Petition for Alien Relative form for my father who is overseas.

Question

I am filing a I-130, Petition for Alien Relative form for my father who is overseas. He was a permanent resident who lost his green card status 10 years ago.  
 
Part of the requirements of the petition is to submit my tax returns from the last three years. I have used my father as a dependent on my tax forms though he is overseas; since my tax preparer said it was allowed. I need to ask if using my father as a dependent will interfere with my I-130 form and the petition process.

Alexander Ivakhnenko · Answer

Here is what the IRS site states with respect to dependents claim: 
You may be eligible to claim both your niece and her son as dependents on your return. In order to claim someone as your dependent, the person must be: 
1. Either your qualifying child or qualifying relative 
2. A U.S. citizen, U.S. resident, U.S. national or a resident of Canada or Mexico 
3. Unmarried or, if married, not filing a joint return or only filing a joint return to claim a refund of income tax withheld or estimated tax paid. 
4. Additionally, you must meet the dependent taxpayer test. If you can be claimed as a dependent by another person, you can't claim anyone else as a dependent. 
If any of those requirements are not met, your IRS tax returns have been filed with erroneous claim of dependents.

Agnes Jury · Answer

You should consult a different Certified Public Accountant whether you can claim your father as a dependent.  
If you should NOT have claimed him, then you can still amend your last 3 tax returns.  
Best wishes!

Q: I am filing a I-130, Petition for Alien Relative form for my father who is overseas.