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Got Green card through my job.The company gave me 1099 instead of W2.I payed my taxes. Is this okay for citizenship?

New York, NY |

I worked for this company before and after my green card and they always gave me a 1099, never a W2. Is that okay for citizenship, when they are going to revise the way I got my green card?This happened 4 years ago.

Attorney Answers 4


  1. Not if the green card was based on employment with that company. A 1099 means you were not an employee.

    You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. After you get your green card based on an employment petition, the company is to hire you as an employee and pay the proffered wages.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


  3. 10.99 is a contractor, get immigration attorney to look at details of your case.

    The above is intended as general information only and cannot be relied upon as legal advice. Call (212)880-1538 for detailed evaluation of your case. Laws change constantly and vary from state to state. The legal principals discussed may differ substantially from your personal situation. Therefore, You should consult an attorney about your particular situation. Visit us at WWW.USIMMIGRATIONPLUS.COM Contact Immigration Law Offices of Tsirina Goroshit at 275 Madison Avenue, 4th Floor New York, NY 10016


  4. This issue is extremely unlikely to come up at your naturalization interview, in my opinion. On Form N-400, Application for Naturalization, you are asked if you have ever failed to file taxes - yes or no.

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