Asked in Immigration Law for California

Q: Can I still send a letter of explanation to immigration I'm not required file taxes after mailing 1040 to IRS with zero?

I mailed in my 1040 tax return for 2022;however, I don't have any income. I filed because I wanted to have a copy to show immigration but I was not required to file them. I wanted to make sure they had a copy since I didn't know how to write the letter of explanation why I don't have to file returns. Now that I mailed my 2022 returns to the IRS not owing any income, would a letter of explanation in lieu of 4506-T transcripts be sufficient documentation for an immigration application and interview or because I filed do I have to wait for the transcripts to come back?

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information you have provided, it sounds like you voluntarily filed a tax return for 2022 even though you had no income and were not required to file. If you want to use your tax return as documentation for an immigration application, you may want to include a letter of explanation with your application that explains why you filed a tax return despite having no income.

However, if you are required to provide transcripts of your tax return, you may need to wait until the transcripts become available before submitting your immigration application. You may want to consult with an immigration lawyer or an authorized representative for guidance on the specific requirements for your immigration application.

Carl Shusterman
Carl Shusterman
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: Can I still send a letter of explanation to immigration I'm not required file taxes after mailing 1040 to IRS with zero?

Yes

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