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Taxes and immigration

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Adel Sawsan

New Member
I got my green card at 23 April 2012 by lottery, and since that time i used to visit USA for 2 weeks every 6 months. But at May 2015, i applied for the re-entry permit and it was issued at 16 June 2015 valid for 2 years (June 2017 ) and since May 2015 i did not visit USA till now. As my mother is sick and needs my help and support till now.

I am planning to return USA and stay for 4 years then apply for citizenship.

I filed Federal taxes at 2012, 2013 but I used form 2555EZ by selecting Bona Fide Residence Test.

And in 2014 I used form 1116 as i visited and worked in US for 2 months in 2014

And in 2015 I used again form 2555 EZ by selecting the physical presence test.

I read that “If the legal permanent resident declared himself or herself to be a bona fide resident of a foreign country on IRS Form 2555, that means the alien declared to the IRS that he or she went abroad for an indefinite or extended period. He or she intended to establish permanent quarters outside of the United States and he or she openly declared residence in a foreign country.”

So do you think that will make to me problems like being abandonment at applying for citizenship (cause of taxes or being away from US for long time)?

I think that I can modify my taxes till now as I filed years 2012, 2013 & 2014 at April 2015, so can you tell me what is the best thing I can do now?
 
Adel Sawsan said:
I got my green card at 23 April 2012 by lottery, and since that time i used to visit USA for 2 weeks every 6 months. But at May 2015, i applied for the re-entry permit and it was issued at 16 June 2015 valid for 2 years (June 2017 ) and since May 2015 i did not visit USA till now. As my mother is sick and needs my help and support till now.

I am planning to return USA and stay for 4 years then apply for citizenship.

I filed Federal taxes at 2012, 2013 but I used form 2555EZ by selecting Bona Fide Residence Test.

And in 2014 I used form 1116 as i visited and worked in US for 2 months in 2014

And in 2015 I used again form 2555 EZ by selecting the physical presence test.

I read that “If the legal permanent resident declared himself or herself to be a bona fide resident of a foreign country on IRS Form 2555, that means the alien declared to the IRS that he or she went abroad for an indefinite or extended period. He or she intended to establish permanent quarters outside of the United States and he or she openly declared residence in a foreign country.”

So do you think that will make to me problems like being abandonment at applying for citizenship (cause of taxes or being away from US for long time)?

I think that I can modify my taxes till now as I filed years 2012, 2013 & 2014 at April 2015, so can you tell me what is the best thing I can do now?
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Through filing Form 2555 EZ, Foreign Earned Income Exclusion or Form 1116, Foreign Tax Credit alone, you have not per se declared yourself a “nonimmigrant” on your U.S. tax returns. Both IRS forms are being widely used by US Citizens and LPR's.

https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence (see under "Abandoning Permanent Resident Status")

Now, if you declared yourself to be a resident alien with non-immigrant status on Form 2555EZ or anywhere else in your seemingly complex tax filings, as you seem to indicate in your message above, then this is another matter. If this were indeed the case, I am not sure whether this can simply be retroactively corrected by filing modified returns for those years. You might want to consult with a tax attorney in this case.

Independently from tax related matters, you will also be likely to face US residency/ presence requirement issues, related to any Citizenship process - you may want to look into those, if you have not already done so.


 
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I suggest you talk to an expert in this matter. Even when we were physically out of the country for most of the first year that we had a green card, we were advised that as green card holders we should always use the normal resident tax return to avoid issues with inadvertently proving ourselves to not be resident. I understand you had a re-entry permit so it may differ for the more recent return, but you seem to have used that for before as well. If I understand correctly that you declared yourself resident elsewhere after getting your green card but before getting your reentry permit, then as it was explained to me yes this will cause problems. I'm guessing an immigration attorney would be the best person to speak to to determine this, rather than a tax attorney, as this becomes an immigration requirement issue rather than a tax issue?

As euro said, you may also need to separately reexamine the residency requirements for naturalization. But you first need to ensure that you have not inadvertently abandoned your green card in the interim.
 
Sorry Euro, can you please clarify more as i did not understand ( do you mean that by filling 2555 Ez i am nonimmigrant or what )
i am thinking in 3 solutions
1- do not make any modifications in taxes
2- amend my taxes by changing from bona fida to physical test in 2555 EZ for years 2012&2013
3- amend my taxes by removing form 2555Ez and pay taxes for years 2012,2013,2015

Do please clarify again what you said above ( Now, if you declared yourself to be a resident alien with non-immigrant status on Form 2555EZ or anywhere else in your seemingly complex tax filings, as you seem to indicate in your message above) and tell me the best solution
I am a LPR ( green card from lottery)
 
Adel Sawsan said:
Sorry Euro, can you please clarify more as i did not understand ( do you mean that by filling 2555 Ez i am nonimmigrant or what )
i am thinking in 3 solutions
1- do not make any modifications in taxes
2- amend my taxes by changing from bona fida to physical test in 2555 EZ for years 2012&2013
3- amend my taxes by removing form 2555Ez and pay taxes for years 2012,2013,2015

Do please clarify again what you said above ( Now, if you declared yourself to be a resident alien with non-immigrant status on Form 2555EZ or anywhere else in your seemingly complex tax filings, as you seem to indicate in your message above) and tell me the best solution
I am a LPR ( green card from lottery)
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I don't believe you can retroactively change that you declared yourself resident elsewhere just by paying back taxes.

Question, after you got your green card, did you acquaint yourself with the USCIS material on maintaining permanent resident status? (Euro gave the link above, I seem to recall that similar material was mailed with the green card itself.)
 
Adel Sawsan said:
Sorry Euro, can you please clarify more as i did not understand ( do you mean that by filling 2555 Ez i am nonimmigrant or what )
i am thinking in 3 solutions
1- do not make any modifications in taxes
2- amend my taxes by changing from bona fida to physical test in 2555 EZ for years 2012&2013
3- amend my taxes by removing form 2555Ez and pay taxes for years 2012,2013,2015

Do please clarify again what you said above ( Now, if you declared yourself to be a resident alien with non-immigrant status on Form 2555EZ or anywhere else in your seemingly complex tax filings, as you seem to indicate in your message above) and tell me the best solution
I am a LPR ( green card from lottery)
Click to expand...
In order to provide you with accurate advice, it will be necessary to review your tax filings from 2012 to 2015, in order to confirm whether or not you have been filing as "non-immigrant" (USCIS wording) in any form or fashion. This can only be done effectively face to face, with full access to your respective filings for those years. Hence my recommendation to work with a CPA with international clients and/or experienced tax attorney. Unfortunately it is not a matter that can be effectively dealt with in this forum. Very best of luck!
 
Adel Sawsan said:
Susieqqq
I thought that there is immigration attorneys here in thst site can answe me
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The site is hosted by one but none of the volunteers here (in this forum anyway) are. If you want legal advice, you can take your chances with a question on NOLO, or pay for it. I'd suggest you find an attorney who deals with both tax and immigration issues for your specific case.
 
How can i acquaint myself with thr uscis material
I got my green card at 23 April 2012 by lottery, and since that time i used to visit USA for 2 weeks every 6 months. But at May 2015, i applied for the re-entry permit and it was issued at 16 June 2015 valid for 2 years (June 2017 ) and since May 2015 i did not visit USA till now. As my mother is sick and needs my help and support till now.
 
This sub-forum somehow seems to become a hang-out for Green Card holders without US residency :D Folks, please be aware that a Green Card is not some time of Super Visa to the US with a built-in option to become a US Citizen....
 
Sorry but i do not understand what do you mean by "This sub-forum somehow seems to become a hang-out for Green Card holders without US residency :D Folks, please be aware that a Green Card is notsome time of Super Visa tothe US with a built-in option to become a US Citizen"
 
Adel Sawsan said:
Sorry but i do not understand what do you mean by "This sub-forum somehow seems to become a hang-out for Green Card holders without US residency :D Folks, please be aware that a Green Card is notsome time of Super Visa tothe US with a built-in option to become a US Citizen"
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I am truly not sure how to answer this, which happens rarely but it does happen... Best of luck for you!
 
Adel Sawsan said:
Do you mean losong my green card cause of using 2555Ez?
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PLEASE - re-read SusieQQQ's advice and feedback to you above, which could not have been clearer, I believe: "... But you first need to ensure that you have not inadvertently abandoned your green card in the interim."
 
Adel Sawsan said:
Do you mean losong my green card cause of using 2555Ez?
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It's not just the form you used. The green card is for residence. Appearing once every six months for a couple of weeks is not residence, it's attempting to technically meet the requirement. Please read the link euro provided in the second post in this thread. There should be other links from that.
 
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