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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.

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Attorney answers 4

Posted

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.

Asker

Posted

Thank you. I am in New York City.

Asker

Posted

It was a part time job. Consult.

Asker

Posted

It wasn't approved as a full time job.

Asker

Posted

I can try ask my lawyer about the copies -the forms he filled - to see where I am standing. What should I ask him to provide me?

Posted

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.

Asker

Posted

So what should I do now? I've had the 1099 for 3 years and 6 month after I got my green card.

Asker

Posted

I payed my taxes. All the people who work there have 1099 and got their green cards.

Tripti Sharad Sharma

Tripti Sharad Sharma

Posted

Talk with an experienced immigration attorney to ensure that a bona fide employment based petition was filed in your behalf.

Posted

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

Posted

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.

Asker

Posted

I filed and payed all my taxes.

Asker

Posted

I understand what you mean now, but this is the way I obtained my green card and they may revise it, and it will come up I was self employed, but it was approved for a part time job, and I got 1099.I don't know If this is a issue.

Ian Edmund Scott

Ian Edmund Scott

Posted

Are you an employee??? If so, ask the company to issue a W-2. The company can run into problems if they do not classify you properly

Arsen V. Baziyants

Arsen V. Baziyants

Posted

I don't believe you'd be misleading the USCIS by putting down, in the section of your employment for the last 5 years, the name and address of the company that has been issuing you the 1099 forms these past years. If you have been performing the stated duties for the stated wage for the stated company, you've acted in good faith. Technically, your employer may not be in compliance with what they told the Department of Labor and then the USCIS, and yet, I agree with Attorney Ian Edmund Scott that the company should rectify their problem in this regard by perhaps starting to issue you forms W-2 going forward. However, I don't see how you're in trouble and I especially don't believe that this issue is going to surface at your naturalization interview.

Asker

Posted

Thank you. I don't work for this company anymore. I worked for them 6 month after my green card was issued and they fired me. But the years I worked with them before and after the green card they gave me the 1099 , and to other colleagues also and they got their green cards.

Arsen V. Baziyants

Arsen V. Baziyants

Posted

Oh, I see. So for 6 months immediately following your receipt of the green card you have been their "employee" on the payroll? Then I don't see a problem at all!

Asker

Posted

Thank you for your response. I feel better now. I worked for them 2 years before the green card getting a 1099 then I got my green card on 2008 and worked for them 6 more month as I told you before always with a 1099. If you see other responses, other lawyers do think it's a problem.

Arsen V. Baziyants

Arsen V. Baziyants

Posted

Before your green card was approved, did you have to show proof that you were working for the company? If so, what did you present, if not the 1099?

Asker

Posted

I don't know how the lawyer handle it. He doesn't answers my calls.

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