I became a U.S. lawful permanent resident in April 2017, but I immediately returned to my home country. I returned to the U.S. in September 2019 and have lived and worked here since then. I started filing taxes in 2019 and have filed ever since. However, I did not file taxes for 2017 and 2018. I didn’t file taxes for 2015 and 2016. As I apply for US citizenship, I need to answer the following question on Form N-400: “Have you ever not filed a federal, state, or local tax return since you became a lawful permanent resident?” If I answer “yes,” what should I explain?
Answers
Lynne Feldman
EB-5 Immigration attorneysThere are many issues here. The long break from 2017to 2019 may be construed as an abandonment of permanent resident status. You should check with an international tax attorney to get advice on tax returns that should have been filed and catch up on these before filing the citizenship application.
Barbara Suri
EB-5 Immigration attorneysYou were obligated to file taxes beginning in April 2017 to now. If you did not file taxes in 2017 and 2018, you need to truthfully explain the reason why not.
Of course, USCIS will realize that after becoming a permanent resident in April 2017, you remained outside of the U.S. for more than one year and thus faced the potential loss of permanent resident status.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.