Asked in Family Law, Immigration Law and Tax Law for New York

Q: My father want to become netrilize citizen of U.S and he didnt pay tax of 2 years will it effect on his case.

Hi i am abroad of U.S my father is in new york city he wants me to go there now he wants to file 130 petition and also he is a green card holder and also wants to applay for citizenship ( want to neutralize) but he didnt give tax for 2 or 3 year( because of some reasons) will this effect on his neutralization and my case and what should we do for this .

1 Lawyer Answer
James L. Arrasmith
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Answered

A: To address this situation, there are a few key points to consider:

1. Tax obligations:

Not filing taxes for 2-3 years could potentially affect your father's naturalization application. When applying for citizenship, USCIS (U.S. Citizenship and Immigration Services) looks at whether the applicant has good moral character, which includes complying with tax laws.

2. Impact on naturalization:

Failure to file taxes or pay taxes owed can be seen as a lack of good moral character. This could potentially delay or complicate the naturalization process.

3. Impact on Form I-130 petition:

The tax issue may not directly affect the I-130 petition (Petition for Alien Relative) for you, as this form is primarily about establishing the family relationship. However, USCIS may consider the sponsor's ability to financially support the immigrant, which could be affected by tax issues.

4. Recommended actions:

a. Your father should file his missing tax returns as soon as possible.

b. If he owes taxes, he should pay them or set up a payment plan with the IRS.

c. It would be wise to consult with an immigration attorney who can provide specific advice based on your father's situation.

d. He should be prepared to explain the reasons for not filing taxes and show steps taken to rectify the situation.

5. Documentation:

Keep records of all communications with the IRS and any payments made. These may be useful during the naturalization process to demonstrate efforts to comply with tax laws.

Remember, while tax issues can complicate immigration matters, they don't automatically disqualify someone from naturalizing or sponsoring a family member. The key is to address the problem proactively and be transparent with immigration authorities.

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