Once unauthorized work is listed on USCIS forms, does the IRS find out and penalize green card applicants?
I'm a beneficiary of a marriage-based green card, married to a U.S. citizen. I had a few odd jobs for which I didn't receive tax forms and didn't pay taxes on. I'm listing them on my I-485 and I-130A per the legal advice I'd received. Would I be sought out by the IRS for unpaid taxes on those jobs? If so, what is the penalty?
If your applications are denied and you end up in deportation proceedings, Immigration judges and prosecutors do scrutinize unreported income! Also, there is question on form 485 about committing committing a crime for which you have not been arrested. One could see signing those 1040 forms under penalty of perjury and some unreported income could cause concern! Sort it out with a CPA, not a book keeper and talk to your lawyer if you have not, if not hire one who is experienced to help you! Good luck!
The Law Office of N. David Shamloo, LLC. N. David Shamloo, Esq. Immigration/Criminal practice 833 SW 11th ave no. 320 Portland, Oregon 97205 www.davidshomloo.com 503-220-5045 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.
No, IRS would not get that information at least on a routine basis. You could amend (or late file) your tax return to cover those unreported incomes for the last 3 years (if the total exceeds the threshold amount) once you have a social security number. Work with a tax professional.
DISCLAIMER: The answer provided above is for informational purposes only, should not be relied upon as legal advice, and does not form an attorney-client relationship.
In addition to the information in the previous response, note that if earnings from "a few odd jobs" were relatively minor, you may not have reached the threshold for IRS reporting requirements. It would be wise to consult with a tax professional about whether you now should file tax returns for that previously unreported income.
[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway
Generally, USCIS has not shared that information. But, evidence of tax filing is relevant to moral character.
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