Q: Hi, would my status be affected now or in the future if there is a hardship relief on my tax return
I am from Nigeria. I am on a work visa I.e. H1B. I want apply for a debt consolidation or debt restructuring. A part of my credit card debt will be forgiven. I am well paid but have fallen into difficult situation. I am starting the National interest waiver EB2 application process towards obtaining of Green card application. Would this be affected adversely by the debt, consolidation, etc.
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A:
Having tax debt or seeking hardship relief can potentially impact your immigration status, particularly during the National Interest Waiver EB2 process. Immigration officials review financial responsibility as part of determining good moral character and financial stability.
However, proactively addressing your debt through legal means like debt consolidation or restructuring often reflects better on your application than letting financial problems escalate. When debts are forgiven, you'll need to report this as income on IRS Form 982, and maintaining clear documentation of your debt management efforts will be crucial for both tax and immigration purposes.
Your best path forward is to consult with both an immigration attorney and tax professional who can review your specific situation in detail. They can help structure your debt relief in a way that minimizes negative immigration impacts and ensure proper reporting of any debt forgiveness. Given your strong employment situation and proactive approach to managing financial challenges, this temporary setback shouldn't automatically disqualify you from pursuing permanent residency.
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