Taxes needed to file for relative

One of my callers this week has been here undocumented for several years though he is married to a US citizen.  If Immigration and Customs Enforcement apprehended him in the morning, he’d have no grounds to fight his deportation, would be deported, and barred from returning to the US for ten years. 

The reason cited for failure to file for his green card was that his wife has failed to file US income tax returns for several years and is unable to file the I-864 Affidavit of Support.  I have referred the couple to an accountant for a consultation. 

Reminder to Readers:  Tax Evasion IS a crime

Each year, legal permanent residents (green card holders) are incarcerated in US detention facilities while awaiting deportation from the US on a number of criminal grounds.  Tax evasion can be one such ground for removal. 

Tax evasion is a crime against the government, and may be considered a crime involving moral turpitude.  In light of this, anyone who has failed to file in the past should consider getting their taxes in order.  It is also a serious matter to provide false information to the Internal Revenue Service.  The person helping you on your taxes should also be made aware of the serious consequences of what he/she is advising you to do on your tax returns if they are suggesting to you not to be truthful with the government.

How you can get caught

The IRS has broad powers and operates under the US Department of the Treasury.  They investigate tax fraud and routinely conduct audits.  Some audits may be routine.  Today with advances in technology, the work of investigative agencies is much easier.  For example, a subcontractor, employer or home owner may have written off your labor expense, and if they were the subject of a routine audit, your name and income may be investigated.  If you are found to owe taxes after investigation by the IRS, substantial penalties and late fees could be in the tens of thousands depending on how much you owe.  We advise all immigrants to abide by the laws including tax laws and recommend you retain a certified public accountant for assistance if you have a tax problem. 

Tax info for those living abroad

The IRS has a full-time permanent staff in some U.S. Embassies. These offices have tax forms and publications, can help you with account problems, and answer your questions about notices and bills.   For other information about IRS assistance, go to the IRS website at www.irs.gov

Free Legal Clinic

If you have any questions on visas, green cards or US citizenship, attend our legal clinic on Tuesday September 1, at Bad Abbots, Hancock St., Quincy for a free consultation with our team of immigration and citizenship experts.

Disclaimer:  These articles are published to inform and not as advice.  Areas of law are always changing.  The USCIS and US Department of State frequently amend regulations and alter processing and filing procedures.  For legal advice seek the assistance of one of our pro bono immigration attorney at our monthly clinics.