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Immigration issue. Am I in trouble? How bad is it?

San Diego, CA |

Would late tax filing delay my citizenship app?
Do I need to disclose this on my app?
What tax docs should I include in my app?

I filed my taxes late for 2008. I eventually filed them in 2011 and owe 0 to IRS. I am about to apply for my US citizenship in April 2013


Attorney Answers 3


Relax. You do not have to submit tax documents with your application. If you are all paid up with the IRS, you have nothing to worry about.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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You need to answer all questions truthfully on your naturalization application. Are you applying based on marriage to a US Citizen (permanent resident for 3 years), or are you applying on your own (permanent resident for 5 years or more)? If you are applying based on marriage to a US Citizen, then you need to submit some tax returns. If you have paid all taxes owed to the IRS and you do not owe any unpaid taxes, then you will be able to answer that particular question "No."

You should consult with an experienced immigration attorney about your application.

(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.

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I am applying after 5 years after green card through asylum. never married.

Michael Hugh Carlin

Michael Hugh Carlin


Then you will not be required to submit tax returns based on your marriage. There are certain times when you would still be required to submit tax returns. You should consult with an experienced immigration attorney to have the best chance of success.



I just reviewed the N400 application, so do I answer Yes or No on Part 10 item 4??? I never failed to file, but I did file late


Late filing of taxes will not negatively effect your naturalization application

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

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