N-400 Taxes Offer in Compromise? Moral Character Question

[smali]

I applied for my citizenship but when question about past unpaid taxes came, I replied yes I owe them. Than at next hearing, I with drew my application. Now, I have submitted an offer in compromise. It is taking about 1.5 years to settle the case with IRS, if successful. Now the questions for some lawyer or experinced person is, before I reapply for my naturalization:

1. Is pending payment of Federal taxes is a bad moral charcter, and is it a bar to get naturalization legally. all the tax returns have been filed on time and I have proof of filing from IRS. Its just the payment which remains and could not be paid due to temporary disability.

2. If the naturalizatuion is delayed, can it be challenged based on non-payment of all taxes and that the taxes are in negotiation with IRS.

3. What is the legal basis to get the naturalization in this case? Could case be pursued in a court of law successfully?

[Jackolantern]

Ask in the "US Citizenship" section of the forum. This section is for green cards.

[boatbod]

Generally speaking, provided you have an agreed payment plan with the IRS, you can naturalize regardless of what you owe.

[Triple Citizen]

Does the same hold when applying for a US passport? Or in that scenario, an individual must have paid all outstanding taxes?

[boatbod]

Originally Posted by Triple Citizen

Does the same hold when applying for a US passport? Or in that scenario, an individual must have paid all outstanding taxes?

Probably, but I can't say for certain since I don't recall that exact situation ever coming up before.

[smali]

PD: Priority date
LC AD
FP; Finger Print..You mean Biometrics and ten prints?
EAD AD: AP AD:
I-485 RD:
LUD

and any other you know. Thanks

[smali]

Yes, you have the state that you do not owe any taxes on the passport application, but since thier is no interview after application, so one can feel secure that no one LOOKS in your eye and ask that you swear to that answer. Although it nay be a false sense of security.

I HAVE COME TO KNOW THAT USCIS DOES NOT HAVE A DIRECT LINK WITH IRS.

SAME HOLDS TRUE FOR STATE DEPT, WHICH ISSUES PPT.

ANY DISCUSSION

[Al Southner]

Originally Posted by smali

I applied for my citizenship but when question about past unpaid taxes came, I replied yes I owe them. Than at next hearing, I with drew my application. Now, I have submitted an offer in compromise. It is taking about 1.5 years to settle the case with IRS, if successful. Now the questions for some lawyer or experinced person is, before I reapply for my naturalization:

1. Is pending payment of Federal taxes is a bad moral charcter, and is it a bar to get naturalization legally. all the tax returns have been filed on time and I have proof of filing from IRS. Its just the payment which remains and could not be paid due to temporary disability.

2. If the naturalizatuion is delayed, can it be challenged based on non-payment of all taxes and that the taxes are in negotiation with IRS.

3. What is the legal basis to get the naturalization in this case? Could case be pursued in a court of law successfully?

Smali,

Pay your taxes and stop thinking about ways to screw Uncle Sam out of his taxes. There is no court of law which is going to entertain a stupid argument such as USCIS is holding your naturalization because your IRS settlement is pending Are you that desperate and out of your mind?
The govt argument to dismiss your lawsuit will be granted without any need for your to file a motion to oppose govt's request.

The US law dictates that all people who are supposed to pay taxes do so, during the filing season. However, for some reason or other, you didn't file your taxes and now you seem to indicate that you would like to file some frivilous lawsuit to force the adjudication of a case which USCIS has no need to consider. Pay your taxes and when you are done, file for your N400 and have them adjudicate your case it on its merit. Failure to pay taxes can be considered a bad moral character. Do you have any evidence contrary to such a strict and narrow interpretation of the statute? The issues of moral turpitude is subject to each officer's interpretation, and failing to pay taxes indicates your desire to smooch of other taxpayers, whether intentionally or no....

Responses to Ques 1: Temporary disability,provide proof to USCIS and see what they decide to do with your claim. However, there are two things which are certain in this country: Death and Taxes, avoiding each is at your own peril.
Response to Ques 2: No legal basis. One can attempt to clog our legal system with a nonsensical case such as this one.