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Will I 485 be rejected if you get audited by IRS and owe money to IRS?

Herndon, VA |

My company is sponsoring me a green card and I would like to know if I get audited by IRS and I owe money to them for the past year will my green card be denied? Some of my friends told me that their friend's GC got rejected because they filed taxes incorrectly.

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Attorney answers 3


Not likely.

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.


First, you should be cautious about taking any advice from 'friends' ... unless they hold a US attorney license.

Second, there is a big difference between owing tax and filing 'taxes incorrectly'.

No, if you owe tax, and have an agreement to pay it back, they won't deny the I-485 ... but they might delay it.

Talk to the company's immigration lawyer ... NOT a non-attorney in HR.

Also, pay a tax preparer to help you out ... .if you owe money ... they can also help with the repayment contract.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


Rejected? No.
Denied? Possibly, if you do not have a payment plan set up with IRS.

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.

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