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I have come across a person in a strange situation, or at least seems strange. This person wants to apply for US Citizenship and asked for my help to fill out the application. He has been a green card holder since the mid 90s. At least that is my understanding. He was only 11 years old or so back then. He came here to live with his Uncle and go to school (deaf school) since there was no school for him in the African country he is from. He only started his education at 11, so he is way behind. Somehow, he graduated from the school he went to, but don't ask me how because I have no idea how they decide someone is ready to graduate despite limited skills. That's another topic and I'm not going to go further in discussing it other than to say that he has no idea whether he had to file taxes or how until I explained it to him recently.
Anyways, he came to me for help to fill out the Citizen Application. When we get to the part about work history, most of the jobs he ever had were jobs where he was paid cash daily for his work. Taxes were not withheld. He did work at a store for a short time 6 or 7 years ago. He only has 2 pay stubs from those days. I figured that based on the length of time that he worked there that they must have paid some taxes for him. The two stubs show state and Federal taxes withheld. He told me that he does not have the W2 that they would have sent him back then. We checked both the IRS and Social Security and they have no record of any W2 that was filed by the company that he had worked for back then, and no record of earning any income.
I sat there trying to figure out how to put down his work history when nearly all of them were cash under the table kind of jobs. Later in the application it asks if he had never not filed taxes since getting his green card. I put yes, but his family told him it should be no. In other words, they want him to lie. He does not want to lie, and I am advising against it. I told him that this will come up in the interview later. They will wonder how he supported himself all of these years without working? If he says his family took care of him because he's deaf what will the interviewer say to that? My thought is that they will turn him down. If he answers the did files taxes, but the IRS has no record then he will be in deep doo-doo.
One person advised me to advise him to forget the past, help him find a legitimate job now, and get him filing taxes from now on, and then re-apply in a couple of years. They think if he does the honest thing and files back taxes it will hurt his family. They think it's not worth it. I like this advice. However, my understanding is that not filing taxes is a crime, even when he was paid only in cash. I'm a little unsure what to do. I'm thinking he needs an attorney, but he has no money to pay for that.
What do you think? Should I help him file all those years of tax returns that he missed, or just concentrate on helping do the right thing from now on and forget the past?
Are you an immigration professional? If not, consider sending him to an immigration attorney. Do you really want to be part of what sounds like potential fraud?
No, I am not an immigration professional. I do not think that this is a case of fraud. The guy is just dumb. That's the point of explaining his lack of education and not knowing that he was supposed to file taxes. I'm helping him with becoming legit. He is a bit upset with his family now that he knows there is a problem. All I'm doing is helping fill out the application. That's where my involvement ends. Well, except for possibly showing him how to file tax returns for prior years if it is necessary.
Even as a GC holder and even if he made no "real" money which would require him to pay taxes, he was still bound to file tax returns. I suggest you make an appointment with the IRS to try and get this sorted out so that at least he'll be up to date with filing.
In my opinion he absolutely should not apply for citizenship until he's got this sorted out. Good luck!
PS: I question that his desire to become a citizen is his own and wonder if any of the family still overseas are the primary pushers for him to attain citizenship and thus make their immigration to the US easier ...
Isn't there a cut off regarding income which does not require filing? Maybe the folks in the economics forum can answer this. Also - she should be able to back file the required amount of years.
he can file for last year at least, maybe further back. I'd have him go to a tax pro and figure that out. If he is legal on a GC still (they have to be re-newed so did he do that? how?)
then there is zero need to do citizenship.
I suspect his GC has expired and he's in the USA out of status
I suspect his GC has expired and he's in the USA out of status
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."
I'll try to answer the assumptions, er, I mean questions.
No, it is his own desire. He was a recipient of certain services that cut him off because they have a limit on how much help they can give to non-citizens. He wants the citizenship himself. His family all became citizens, but didn't bother to help him become one when they did.
His Green Card expires in 2016, I think, which I believe will raise the same issues as we are discussing now. It's timely for him to get his life in order now, and that's the goal. Since not filing is considered a crime, he can't keep doing the same thing and then one day get caught. He has to fix this situation.
Yes there is a minimum amount you can earn and not have to file. I am not certain, but I believe he has exceeded that amount in some of the years since he became an adult. There is no record, as far as I know, of how much. The IRS does not have the info from the one employer he did have taxes withheld from. I don't know why they wouldn't have it, but based on those pay stubs I do assume that he exceeded the minimum needed to file. I also do not know if he was claimed as a dependent on his uncle's return or when. He needs a tax expert, but I don't know if he can afford that. Same thing with an immigration attorney. I suppose that that is the answer to my questions, ie. finding money to pay for the professional help he needs. However, it helps me see clearer to hear what others think.
I'll try to answer the assumptions, er, I mean questions.
No, it is his own desire. He was a recipient of certain services that cut him off because they have a limit on how much help they can give to non-citizens. He wants the citizenship himself. His family all became citizens, but didn't bother to help him become one when they did.
His Green Card expires in 2016, I think, which I believe will raise the same issues as we are discussing now. It's timely for him to get his life in order now, and that's the goal. Since not filing is considered a crime, he can't keep doing the same thing and then one day get caught. He has to fix this situation.
Yes there is a minimum amount you can earn and not have to file. I am not certain, but I believe he has exceeded that amount in some of the years since he became an adult. There is no record, as far as I know, of how much. The IRS does not have the info from the one employer he did have taxes withheld from. I don't know why they wouldn't have it, but based on those pay stubs I do assume that he exceeded the minimum needed to file. I also do not know if he was claimed as a dependent on his uncle's return or when. He needs a tax expert, but I don't know if he can afford that. Same thing with an immigration attorney. I suppose that that is the answer to my questions, ie. finding money to pay for the professional help he needs. However, it helps me see clearer to hear what others think.
Generally the initial consultation with an attorney is free. There are a lot of non-profit organizations in the area of immigration. Google will probably be your friend. He needs the last 3 or 5 years of tax returns so do not reinvent the wheel. Have the family pitch in. It may surprise you where money can come from when immigrants try.
He needs a tax expert, but I don't know if he can afford that. Same thing with an immigration attorney. I suppose that that is the answer to my questions, ie. finding money to pay for the professional help he needs. However, it helps me see clearer to hear what others think.
He doesn't need a tax expert - the IRS offers free assistance. Neither does he need an immigration attorney. He is a bona fide permanent resident alien and is simply best advised to get the tax business sorted out before applying for citizenship. He was cut off from the social services he was receiving NOT because he's a GC holder but because he doesn't have enough invested into the SS system to qualify. If and when he gets a regular job where deductions are made he still has to accumulate sufficient credits to be eligible for social services. A US citizen who doesn't have sufficient investment in the system is treated exactly the same way. You're mixing apples and oranges.
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