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There's no penalty or alteration of status in letting it lapse. A friend of mine applied for the "new" (10 year renewable) GC a couple of years after all GC holders were supposed to have applied for it, only did so because he was planning on vacationing outside the country, and there was no muss or fuss about it at all. He had the card (and a much lighter wallet - the cost is pretty outrageous!) in a week or so.
Good info! Thanks! I still wouldn't exacerbate the issue by "poking the tiger". Legitimate or not, you go showing the IRS an expired greencard, you're going to open a whole other bureaucratic "can of worms". Eh?
The non-renewal of a GC does NOT render the holder "out of status".
"If you are a permanent resident of the U.S. (not a conditional resident), your status does not expire -- you are a green card holder for life (or until you do something that causes your residence rights to be taken away, such as committing a crime or living for too long outside the U.S.).
However, the physical green card that proves your U.S. residence does expire, every ten years. When the expiration date on your green card is six months away, you will need to apply to renew it. If that date has already passed, apply as soon as possible."
There are rules you must adhere to and follow to keep the green card. Like file taxes. Every time you enter on the green card you a subject to the whim of the inspector. That is why many decide to get a US passport after they full fill the requirements.
The IRS will help him straighten out his tax problems. They're a lot friendlier than people think they are. The odds are that he might not owe any taxes, because the exemptions might exceed his income. All he has to do is go to them and explain that he didn't understand that he was supposed to file tax returns, and wants them to help him file all his back tax returns. If he doesn't have the documents needed, the IRS will help him get them and/or find other ways around the problem.
The only real risk from getting help from the IRS is that the people that paid him under the table might be asked to pay taxes on his pay. Or if they did that kind of activity a lot, with a bad attitude, they might have legal problems.
Once his tax problems are straightened out, citizenship will be a lot easier. I agree with the person who said he should wait till his tax problems are straightened out before applying for citizenship. Also keep in mind that there is a citizenship application fee which he might not have and might need to start saving for. He also needs to study for the citizenship test.
Oh and of course you can go right to the IRS for help, no one would advise that if he has clearly not been obeying the law and filing every year.
Best to seek advice from a tax lawyer or someone else more fitting who can help out, esp if something goes pear shaped
Yeah. This is a little over my head. I'm mostly about helping understand English on things like Drivers License applications, and other stuff like that. Of course, now I am tasked with explaining to him what he needs to do, and possibly finding someone who can handle this for him.
There are rules you must adhere to and follow to keep the green card. Like file taxes. Every time you enter on the green card you a subject to the whim of the inspector. That is why many decide to get a US passport after they full fill the requirements.
When entering the US on a GC you are most certainly not "subject to the whim of the inspector" and neither is failure to pay taxes an offense which usually results in rescinding of a GC. Revocation of a GC is only done under extreme circumstances.
Good info! Thanks! I still wouldn't exacerbate the issue by "poking the tiger". Legitimate or not, you go showing the IRS an expired greencard, you're going to open a whole other bureaucratic "can of worms". Eh?
No, you won't open any can of anything. Been there done that, no problem and I wasn't even asked for my GC.
This person should NOT apply for citizenship without an immigration attorney. The thing about permanent resident status is that you can lose it for certain crimes, or for abandoning it. And, if you lose it, you get deported.
If he is adjudged to have committed tax fraud, that could be a basis for revocation of permanent residence and deportation. No matter how long he has been here as an LPR.
If he can't afford an attorney, there are free citizenship clinics held all over the country from time to time. April is the biggest month for those clinics. Be on the lookout for them, and get him there.
I've seen way too many people's lives ruined from the help of well-intentioned friends.
This person should NOT apply for citizenship without an immigration attorney. The thing about permanent resident status is that you can lose it for certain crimes, or for abandoning it. And, if you lose it, you get deported.
If he is adjudged to have committed tax fraud, that could be a basis for revocation of permanent residence and deportation. No matter how long he has been here as an LPR.
If he can't afford an attorney, there are free citizenship clinics held all over the country from time to time. April is the biggest month for those clinics. Be on the lookout for them, and get him there.
I've seen way too many people's lives ruined from the help of well-intentioned friends.
Are these clinics held in the DC area? How will I know what to look for? Is there a web page for announcing them?
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