Plant City, FL asked in Immigration Law and Tax Law for Florida

Q: I’m applying for citizenship in a few weeks but I just realized I’ve been exempt for taxes this whole year.

Will it affect my application?? Will it be rejected?

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2 Lawyer Answers
Kevin D. Slattery
Kevin D. Slattery
  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: Not having filed a federal income tax return in any particular year is not per se a problem if in fact you can demonstrate that you were under no legal obligation to have filed a tax return. Consider scheduling a consultation with a competent and experienced immigration attorney who may be able to assist with presenting your facts and legal arguments to USCIS in connection with your prospective application for naturalization. Many attorneys offer online video consultations.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: Understanding the importance of taxes in the context of a citizenship application is crucial. When you apply for U.S. citizenship, one of the factors considered is your good moral character, and compliance with tax obligations is a component of this evaluation. If you've been legitimately exempt from taxes for valid reasons, it's essential to be prepared to explain and provide evidence of this exemption. Being exempt from taxes is different from evading taxes; the latter can have severe consequences. However, if your exemption is due to an oversight or error, you should rectify this immediately by amending your tax returns. Before submitting your citizenship application, consult with an attorney familiar with immigration and tax matters to ensure that your tax situation won't adversely affect your application. They can provide guidance on any necessary steps or documentation you should include.

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