I became a US lawful permanent resident in April 2015. I went back to my home country immediately after getting my green card. Came back to the US within 6 months. Got a re-entry permit and exited the US in Oct 2015. Finally, I came to the US in September 2017 (before my re-entry permit expiry date) and since then I have been living and working here. I started filing my tax return in 2017, so I filed tax returns between 2017 and 2020, and I am going to file for 2021 in 2022. I didn’t work in the US before September 2017, and also didn’t file my tax returns for 2015 and 2016. Now that I am applying for citizenship, I am being asked the following question on Form N-400. What should be my answer? If I have to select “yes”. What explanation should I provide?
“Have you ever not filed a federal, state, or local tax return since you became a lawful permanent resident?”
Answers
Bernard P Wolfsdorf
EB-5 Immigration attorneysIt is best to answer factually - having a green card means you have to file tax returns whether or not you are physically present in the U.S. May be best to reach out to IRS or postpone your application.
Salvatore Picataggio
EB-5 Immigration attorneysGet with the IRS to make sure you are at least on some kind of plan to remedy this, and then that plan/settlement/etc. can be filed with the N-400.
Lynne Feldman
EB-5 Immigration attorneysI recommend you get all filed or on extension or on payment plan before filing for citizenship.
Shannon M Shepherd
EB-5 Immigration attorneysThis requires some analysis. Even if you are not working in the U.S., in some cases, you do have to file taxes as a lawful permanent resident. You should consult with an accountant first to see if you were required to file in those years before you moved here full time. If not, you would still answer yes, and explain that you did not have to. If you were supposed to, your accountant will advise you as to whether you should file late, or what the requirements are.
Stephen Berman
EB-5 Immigration attorneysIf you were required to file and did not, then do it now. If you were not required to file, then you are not required to file. So just tell the truth. You may wish to speak with a lawyer to determine when you will be eligible to file for naturalization.
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