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Can an illegal person with ssn file tax return? and is that helpful to them by any means?

Lindenhurst, NY |

I know few illegal aliens who don't have valid visa and they have overstayed after their visa expired...they have social security number...can they file tax return even though they don't have official income? or can they file tax return with zero income...if yes...filing a tax return will help them by any means?

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Attorney answers 6


Any person within the United States regardless of the status must file an IRS return for all means of derived income in the U.S. As you may imagine, for any prospective immigration benefits one must present the prior compliance with the tax filings.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602


They should file tax returns if they ever hope to legalize their immigration status.

(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.


It is a legal requirement for non-U.S. Citizens to file a tax return for all income earned in the United States.

H. Daniel Lively, Esq., LL.M., CPA Certified Tax Specialist, CA Board of Legal Specialization 714-708-2593 Mr. Lively is a Certified Tax Specialist by the State Bar of California Board of Legal Specialization. He can be reached at 714-708-2593 or individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.


There is no such thing as "unofficial income". Even if they work without authorization they have "official income". They must file tax return. Working without authorization is not as serious immigration law violation as not filing tax returns.


You do have to file taxe returns even if you are a noncitizen legal or not. IRS provides an identification number, you can ask for which you can use in lieu of SS# for purposes of reporting taxes. You can use your SS# if you have one for doing the same.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


Yes, you must. Yes.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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