USCIS Tax Return Requirement

Can USCIS Ask for Tax Returns?

All green card holders are tax residents, but only some non-immigrant visa holders are tax residents. If you find this confusing, don’t worry. The American tax system is so confusing that even U.S. citizens face difficulties filing their tax returns.

Those who are not U.S. citizens can fall into two categories for tax purposes: Resident Alien (green card holder or permanent resident) and Nonresident Alien (individuals who are not U.S. citizens but have passed the green card tests or the substantial presence test).

Consequently, if you hold a non-immigrant visa, you will be considered a U.S. tax resident if you have lived in the country for more than 31 days during the current tax year and 183 days during the preceding two years.

In general, U.S. tax law applies to you if you spend significant time in the U.S. or live there. The agency accountable for collecting taxes and enforcing tax laws is the Internal Revenue Service (IRS).

The consequences of individuals’ tax filing status can affect their immigration status and ability to naturalize as U.S. citizens. In addition to immigration matters, citizenship/ naturalization attorneys can also help with tax returns. If you want to avoid risking your immigration status, hiring an immigration lawyer can be helpful.

The tax documents that USCIS will require you to present depend on the specific immigrant visa category you seek. The government may also request a copy of your tax returns and proof that you have paid taxes due.

If you need help understanding or tackling USCIS tax return requirements, contact Tadeo & Silva Immigration Attorneys today. We can assist you with tax matters affecting your immigration status and help you understand the tax obligations of immigrants in the United States.

Does Immigration Check Your Taxes?

The USCIS (U.S. Citizenship and Immigration Services) is not responsible for ensuring individuals have filed taxes. But, other U.S. federal government agencies are responsible and willing to share information regarding taxpayers.

If you are a resident alien but decide to file taxes as a nonresident alien to pay less tax, that can affect your immigration status. Although USCIS is not responsible for taxes, this agency can consider that decision as your intent to give up your permanent residence. That can further result in being summoned to Immigration Court under removal proceedings.

To avoid such a scenario, before filing your taxes, it’s best to seek legal advice from an experienced immigration attorney. The attorneys at Tadeo & Silva Immigration Attorneys can assess your situation and help you understand the requirements for filing taxes as a resident or nonresident alien. Contact us today to learn more.

Does USCIS Check Tax Returns for Green Cards?

Falling behind on your taxes usually won’t prevent your green card from being renewed. But, it may negatively affect some of the immigration benefits you may be available for in the future.

Even if you fail to renew your green card, you remain a lawful permanent resident when it comes to tax obligations. IRS requires you to file federal income tax even if your green card has expired.

Green Card Application Tax Return

A marriage-based green card application typically requires proof of a good-faith marriage with a lawful permanent resident or a U.S. citizen.

Typical evidence of a good faith marriage is tax returns filed jointly or separately as a married couple. The couple must provide their federal tax transcript and other supporting documents if they file joint taxes.

If the joint sponsor didn’t file taxes in the previous year, they would need to provide an exemption letter explaining their income was below the minimum income required to file.

However, the IRS only allows couples to file a joint tax return if their state recognizes their marriage as legal.

Unmarried couples are not eligible to file joint returns. That is something you should be aware of since most recent tax returns of the U.S. citizen fiancé are required documents by the State Department for a K-1 fiancé visa application.

Do Permanent Residents Pay Taxes?

U.S. citizens must pay taxes, regardless of whether they live in or outside the states. They can sometimes qualify for specific tax exclusions or tax credits.

Although lawful permanent residents can legally work and live in the U.S., they are not U.S. citizens. However, as soon as you become a green card holder, you also automatically become a U.S. tax resident, starting when your immigrant visa was approved for adjustment of status (I-485 Form) or the year you entered the United States.