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Can I use my moms tax returns as supporting evidence of my five year continuous stay when filing for Deferred Action?

Portland, OR |
Filed under: Immigration

The question asks it all. I've always been a dependent in my moms tax filings and therefore my name appears on all of them. They aren't my sole evidence. My question is if I can or should use my moms tax returns as supporting evidence. Thanks in advance.

Attorney Answers 5


  1. You can. But as you say, add more evidence.

    The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.


  2. Yes. The more evidence, the better. However, you get one shot at making sure your deferred action application is done right. Hiring an attorney to assist you with the process may be a good idea. I am a local Portland immigration attorney. Feel free to contact me at elliot@emsylaw.com or call me at 503-951-8209.

    The Law Office of Elliot M.S. Yi, 2075 SW First Avenue, Ste 2J, Portland, Oregon, 97201 www.emsylaw.com; elliot@emsylaw.com; 503-227-0965. This answer is intended for general informational purposes only and does not create an attorney-client relationship. The statement above does not constitute legal advice, as all the facts are not known.


  3. I disagree with my colleagues. I think being listed as a dependent on your moms tax returns proves nothing about your physical presence, since she could have listed you whether you lived inside or outside the U.S.... find other things.

    This is general advice, and does not constitute an attorney client relationship.


  4. I agree with Ms. Seifert ... the tax return doesn't show where you were.

    Use the 'other' evidence.

    It will also be a good idea to meet with an attorney.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.


  5. As others have said, yes you can submit whatever you like, more is generally better than less, but no its not going to be enough to prove five years presence.

    The following link is to people listing the RFEs they've received from USCIS.

    http://dreamact.info/forum/showthread.php?t=32596

    If the government isn't convinced that you have proven what you need to, they can send a "request for evidence" or RFE. It is an opportunity to submit more documents about whatever they're worried about. The list suggests to me that five years presence is where a lot of people are getting into trouble. I suggest getting as much as you possibly can to document your presence, because they seem to be taking that requirement very seriously.

    There are a couple of advantages to hiring a lawyer. One is that they can talk to you about your immigration history and make sure you're not going to get yourself in trouble by applying and make sure there isn't anything better you can apply for. Another is that they can look at the documents you have and advise you about where you're fine and where you need more.

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