Question 7a asks, "Have you ever not filed a Federal, State, or local tax return since you became a permanent resident?" I became a permanent resident at age 7 and am now 18. I have never been employed to ever need to file for a tax return so I do know whether to answer question 7a "Yes" or "No."
If I have to answer 7a as "Yes" given that I have never been employed and have never had to file for a tax return, question 7b asks, "If “Yes,” did you consider yourself to be a “non-U.S. resident?" Do I leave the answer blank or should I answer "No"?
In your case , the response is "yes" to PART 11, 7A and "no" to PART 11, 7B. You will need to attach to the FORM I-400 an explanation that you were not employed and did not need to file a state or federal tax return.
Presumably you have been a dependent on your parents' tax return. "not filed" means not filed when you are required to. It is good to include a signed statement to this effect and mention it in the cover letter so they don't have to work it out for themselves.
I don't suppose either of your parents became citizens since you got your green card? If they did, you are already a citizen. If not, they should be filing too. People lose their green cards for all sorts of reasons. The word "permanent" doesn't mean what we think. Good luck
If you have been required to file but have not, then you would have some problems. If you have not worked and/or have not been required to file (confirm with a CPA or tax attorney), then you should be fine. If you are nervous, you can always attach an addendum to the N-400 explaining that you have never been employed and that you have not had to file. If you are married, that would raise more questions regarding whether your spouse had filed.
This is not legal advice. This response does not establish an attorney-client relationship.
The answer is "yes" because you were not required to since you had no income. You would still need to answer "yes," but it will not affect your application as long as you were not required to file.
This answer is for general informational purposes only and is not, nor is it intended to be, legal advice. You should consult an attorney for individualized advice regarding your own unique situation. No attorney-client relationship is formed between Dacin Immigration PLLC and you by viewing this information.
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