Can an illegal person with ssn file tax return? and is that helpful to them by any means?

Asked over 1 year ago - Lindenhurst, NY

I know few illegal aliens who don't have valid visa and they have overstayed after their visa expired...they have social security number...can they file tax return even though they don't have official income? or can they file tax return with zero income...if yes...filing a tax return will help them by any means?

Attorney answers (6)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    19

    Lawyers agree

    Answered . They should file tax returns if they ever hope to legalize their immigration status.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Alexander M. Ivakhnenko

    Contributor Level 20

    11

    Lawyers agree

    Answered . Any person within the United States regardless of the status must file an IRS return for all means of derived income in the U.S. As you may imagine, for any prospective immigration benefits one must present the prior compliance with the tax filings.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  3. Henry Daniel Lively

    Contributor Level 20

    11

    Lawyers agree

    Answered . It is a legal requirement for non-U.S. Citizens to file a tax return for all income earned in the United States.

    H. Daniel Lively, Esq., LL.M., CPA Certified Tax Specialist, CA Board of Legal Specialization dlively@... more
  4. Alexander Joseph Segal

    Contributor Level 20

    8

    Lawyers agree

    Answered . You do have to file taxe returns even if you are a noncitizen legal or not. IRS provides an identification number, you can ask for which you can use in lieu of SS# for purposes of reporting taxes. You can use your SS# if you have one for doing the same.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  5. Lachezar Vanchev

    Contributor Level 10

    8

    Lawyers agree

    Answered . There is no such thing as "unofficial income". Even if they work without authorization they have "official income". They must file tax return. Working without authorization is not as serious immigration law violation as not filing tax returns.

  6. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Yes, you must. Yes.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more

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