Can i claim GC attorney fee in TAX filing?

[spouse]

I spent around 6k for my attorney (GC processing) fee from 2002. I got my GC last month..somebody said, even i can claim this amount in tax filing? some body can adivise on this

 

[wik]

I spent around 6k for my attorney (GC processing) fee from 2002. I got my GC last month..somebody said, even i can claim this amount in tax filing? some body can adivise on this

Look at it this way... if your employment and therefore your income is contingent upon your legal status in the USA, and you have to spend money obtaining that status, then it could reasonably be considered a legitimate and unavoidable legal expense - which would be deductible. I have deducted all my visa and GC expenses in the past based on this rationale, and on the advice of my tax preparer - even down to the $10 for ADIT photos!

I am not a tax adviser, so please consult one first.

 

[san_gcwait]

I spent around 6k for my attorney (GC processing) fee from 2002. I got my GC last month..somebody said, even i can claim this amount in tax filing? some body can adivise on this

If you're an employment base case then I won't suggest you to use those expenses for tax deduction. Although there's no connection between INS or IRS but you can get into trouble if its proved that you paid for your greencard processing and not the company who sponsored you. I know many companies 'these days' would like there employees to pay for there H1B extension, GC expenses but logically if they are sponsoring you they should be bearing all the expenses. Its just my personal advice

 

[485_if_ever]

Good advice, San_GC. But I am not sure if the law specifies that the employer should bear all the expenses. It is only that the employer should sponsor you.

 

[Alcolombia]

As far as I understand , the company does not have to bear the legal expenses associated with immigration, except for some special fees that have to be paid directly by them.
The law says if your legal expenses are necessary to produce taxable income then they could be deductible. I have deducted all legal expenses associated with my H1B's and Employment based case, and I have kept copies af all receipts from my lawyer if any day I have to show them. You cannot produce income if you had not spent those legal fees.


I'm not a tax adviser


P.S However I think that you could only deduct expenses incurred during the year. If you didnt deduct expenses from previous years and you used the standard deduction you may be out of luck.

 

[gcusa99]

Look at it this way... if your employment and therefore your income is contingent upon your legal status in the USA, and you have to spend money obtaining that status, then it could reasonably be considered a legitimate and unavoidable legal expense - which would be deductible. I have deducted all my visa and GC expenses in the past based on this rationale, and on the advice of my tax preparer - even down to the $10 for ADIT photos!

I am not a tax adviser, so please consult one first.

Wik,

Did you get your plastic card. I am few days apart from your stamping date. I am just waiting for the card. Please keep you signature updated.

 

[wik]

Wik,

Did you get your plastic card. I am few days apart from your stamping date. I am just waiting for the card. Please keep you signature updated.

Signature is current, no news yet. Not expecting any either until about 6 weeks has passed. Will update plastic card tracker thread when/if there is any news.

 

[wik]

If you're an employment base case then I won't suggest you to use those expenses for tax deduction.

I should have mentioned that mine was an EB1-EA case. I self-petitioned, so my expenses were directly related to my own employment and income. I did not have an employer sponsor.

 

[485_if_ever]

I spent around 6k for my attorney (GC processing) fee from 2002. I got my GC last month..somebody said, even i can claim this amount in tax filing? some body can adivise on this

I guess you would be able to deduct only those expenses that you incurred to maintain your employment status. Which would mean that anything you spent on your family's cases and your AP may not be deductible.

 

[wik]

I guess you would be able to deduct only those expenses that you incurred to maintain your employment status. Which would mean that anything you spent on your family's cases and your AP may not be deductible.

Unless your derivative is also employed and you file a joint tax return, and the AP was for business travel.

 

[140_takes_4ever]

The only problem here is that you can only claim a deduction for the year the expense was made. For example if you only renewed your EAD/AP this year, that is all the money you can deduct from your taxes.

If you want to deduct the entire amount. You will have to file an amendment for the returns of the years when you actually made the payment.

And there isn't any rule requiring the company to pay for the process. Besides the databases are DEFINITELY not linked.