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Information about tax in N 400 about tax filing ?

Simpsonville, SC |

I m about to file my N 400 application but the problem is i didnt filed my tax during the period of 2009 ( that was the year when i came to usa as a green card holder) bz my income was 3655 dollars for that particular year. I was in california at that time. In N 400 they ask about the failng in tax return or failing in any tax during the period of residence. After that i am filing my tax regularly from last three years. Should i need to file the tax for year 2009. I didnt file the tax that year bz i wasnt aware of tax in the country bz i was just moved to usa and i havnt earned that much amount (3655 us dollars in 2009).
Will it be a problem for my natrulisation?
Can i file it now for 2009 year?
If i file now what should i mention in N 400 form, where they ask about fail in any tax ?

Attorney Answers 3


Before filing a tax return or marking up your N400, talk with a tax specialist to see if you have to file taxes. You have to earn a minimum amount of money in a year in order to file taxes. If your earnings did not meet that threshold, then you shouldn't have to file which means there's no issue with your N400. If you do have to file, then you'd want to do that quickly as I believe there's a time limit on file previous years' tax returns. Short answer: talk with a tax specialist to find out more. This really isn't an immigration question and hopefully some of the tax folks on Avvo will chime in and help you out with more specific advice.

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You can amend your tax returns for up to 4 years in arrears. Talk to your accountant or CPA.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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You need to ask a CPA whether you should file a tax return for 2009. If you did not make enough money to file, this will not be an issue on your N-400.

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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(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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