N-400: Tax Returns correction

[imin]

I have a situation:
In my 2005 tax returns in one of the forms related to foreign income. For one question:
which country you are citizen/national of:
My tax consultant type in USA.
Instead of correct nationality.

(BTW: the incorrect claim does not give any tax advantage since i am a US Permanent resident)

I HAVE amended my tax return and re-filed it for 2005

Now in N-400: Section 10, first question:
Did you every claim to be US Citizen
I intend to put NO.

Do you think it will be ideal to also put a note in the explanation sheet stating the facts?

Anybody with similar experience with tax returns etc.?

Thanks in advance.

 

[boatbod]

My initial reaction is that you shouldn't have any problem because you did not knowingly claim to be a citizen...

HOWEVER... you'll find USCIS is particularly harsh when it comes to dealing with people who have at some time or other claimed to be a USC when they are not. There is no waiver available, and often the only appeal is in front of the judge at a removal hearing.

Sounds like you should seek advice from some immigration lawyers specializing in this area. At the end of the day, this could turn into a high-risk lottery if you submit an N-400.

 

[imin]

Well, i did talk to one. He said it "could" but i did the right thing by correcting it and re-filing the tax returns.
He said i might be better off mentioning it as footnote.
My thought should i care, since i already i corrected it.


Does UCIS look at each page of tax return or they just look at transcript which tells if one filed or not?

 

[boatbod]

Well, i did talk to one. He said it "could" but i did the right thing by correcting it and re-filing the tax returns.
He said i might be better off mentioning it as footnote.
My thought should i care, since i already i corrected it.


Does UCIS look at each page of tax return or they just look at transcript which tells if one filed or not?

Most cases do not require tax returns or transcripts to be submitted, so the problem may never come up.

If you mention the problem, even in passing, I would expect the IO to investigate it in more detail. Not sure you really want that to happen....

You might want to read this appendix from the Adjudicators Field Manual.
Appendix 74-8 Section 212(a)(6)(C)(ii) Relating to False Claims to U.S. Citizenship.