Naturalization/Citizenship and Victim of Identity Theft

leon_nguyen

Registered Users (C)
Hi,

I am about to enter the process of naturalization/applying to become US citizen. What really makes me worry that I've been recently a victim of identity theft. Basically, somebody somehow got a hold of my SSN and has used it to work illegally. I received a notice letter from IRS because this person didn't pay tax for his/her earning reported to IRS last year. I immediately filed a SSN fraud with IRS and also contacted with the local police department for Identity theft case report, the Credit Bureau e.g Experian, Equifax, and Federal Trade Commission to file a complaint. Basically, I did everything within my capacity to prove that I was indeed a victim and really innocent. IRS promised to conduct the investigation, but that's about the only feedback I received.

But now I need to file N400 for naturalization and just wondered that this whole thing, perhaps still not completely resolved, will hurt my chance to become citizen. At least, what should I answer the part of federal tax with IRS? It's not like I didn't file a tax return, it's more like I don't want to be responsible for that owed tax...I wonder if USCIS will follow up with IRS or just simply drops my application due to "non-good moral"? Should I go ahead and send paperwork that I previously sent to IRS and others, including the police report, or wait until they might ask about it?

This situation is seriously complicated, so problematic, and out of my knowledge as now I have to deal with both USCIS and IRS, which is truly a pain...

Anyone who was unfortunately in my shoes before or at least can give me an advice?

~Thanks!
 
I would get an attorney and speak with him/her about this issue. The number to the US Citizenship & Immigration Services is 1-800-767-1833. See what their representatives have to say about filing for citizenship with a pending identity theft case.
 
How much tax is owed?

How does that matter? OP shouldn't have to pay any amount they don't rightly owe to the IRS. Paying up these taxes may cause the IRS to assume culpability and then this will just get worse.

OP needs to talk a lawyer as the unpaid taxes are probably going to show up on the tax transcripts as 'unpaid'. Alternately they can pull a transcript for the affected year now and see what it has to say.

Normally, you don't owe the disputed taxes until a final decision has been made by the IRS, so if the transcripts are clean, OP may be able to answer NO to 'Do you owe any taxes' (it is the correct answer after all).
 
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I just talked to a customer service rep. of USCIS via 1-800 phone number .This lady was very nice to inform me that I shouldn't be that worried...just make sure to bring all the paperwork, including the police report and notarized affidavit to IRS, to the interview in case the officer will have any questions about this. She couldn't comment further on how USCIS will sort everything out with IRS, but as long as I stay straightforward and honest about the situation, I'm still considered a "good moral" character and won't lose my citizenship eligibility.

I do agree with some previous comments about hiring an attorney to help me with this...just wondering how experienced and familiar the lawyer , if any immigration lawyers at all, with my problem...
 
I just talked to a customer service rep. of USCIS via 1-800 phone number .This lady was very nice to inform me that I shouldn't be that worried...just make sure to bring all the paperwork, including the police report and notarized affidavit to IRS, to the interview in case the officer will have any questions about this. She couldn't comment further on how USCIS will sort everything out with IRS, but as long as I stay straightforward and honest about the situation, I'm still considered a "good moral" character and won't lose my citizenship eligibility.

I do agree with some previous comments about hiring an attorney to help me with this...just wondering how experienced and familiar the lawyer , if any immigration lawyers at all, with my problem...

She couldn't comment further because USCIS doesn't check with the IRS :) (or your motor vehicle dept for traffic tickets). The threat of citizenship denial for not being truthful is a big enough disincentive to keep people straight...
 
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