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I owe taxes to IRS. I had agreement with IRS and paid some but skipped some payments. Can this be a cause of denial citizenship?

Jupiter, FL |

I had my INS interview and was asked to send IRS transcript

Attorney Answers 5

  1. Well, it's good that you have an agreement, but bad that you missed some payments. It seems that USCIS could go either way here. They could deny naturalization on this basis, or they could decide that it's not a reason to deny. Of course, there could be other reasons for USCIS to deny your application.

    I suggest that you consult with an experienced immigration attorney about the situation.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

  2. You may be fine if you didn't default. If you are back on track with payments or can get on track before you respond you should be approved. If you've defaulted or have a tax lien then you could have trouble proving good moral character. Just to be safe, get the transcripts and take them to an immigration attorney for a quick consultation on the matter.

  3. I agree with my colleagues

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

  4. Failure to pay taxes is indicative of poor moral character. The fact that you had an agreement with the IRS is good, however the fact that you failed to pay as agreed is not. Good moral character is evaluated on a case-by-case basis.

    Consult with an experienced immigration attorney who can review the specific facts of your case and advise you as to what options are available and the best way to proceed.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

  5. Typically as long as you have an agreement to pay back taxes and are current with your payments, USCIS will not deny for lack of good moral character. As many of my colleagues have said, good moral character is decided on a case by case basis. Your best bet is to show you are current on the payments, and have been making payments regularly. If you have recently defaulted, you may need to provide an explanation and show you have gotten back on track with the payment schedule. Also, the amount of taxes you owe, and the reason for why you owe taxes may be factors USCIS will consider.

    You may want to consult with an experienced Immigration attorney to assist you with this, particularly if a Request for Evidence was issued.

    William M. Cavanaugh Law Office of William M. Cavanaugh (561) 283-2196 This posting does not create an attorney-client relationship and the answer is general in nature. You should contact an experienced Immigration attorney with the specific facts of your case.

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