Part 10 Question 4

A

astrochimp

Registered Users (C)
How should I answer this?

Since becoming a lawful permanent resident, have you ever failed to file a
required Federal, State or local tax return?

In 2007 I had two jobs and I worked for less than a month in both jobs. I did not file a tax return due to low income. I requested a tax return transcript for the year 2007 via phone and found out that they dont have information of my transcript for 2007.

Should I answer YES to question 4 part 10.

Thanks a lot!
 
astrochimp said:
How should I answer this?

Since becoming a lawful permanent resident, have you ever failed to file a
required Federal, State or local tax return?

In 2007 I had two jobs and I worked for less than a month in both jobs. I did not file a tax return due to low income. I requested a tax return transcript for the year 2007 via phone and found out that they dont have information of my transcript for 2007.

Should I answer YES to question 4 part 10.

Thanks a lot!
Click to expand...

You can answer YES since you did not fail to file. If the interviewing officer asks about 2007 you can declare that you had low income. Should not be a problem.
 
nwctzn said:
You can answer YES since you did not fail to file.
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You mean: "answer NO" since he did not fail to file.
If the OP's income in 2007 was below the minimum for which a federal tax return is required to be filed, then the OP did not have to file the 2007 tax return and hence did NOT fail to file it.
 
baikal3 said:
You mean: "answer NO" since he did not fail to file.
If the OP's income in 2007 was below the minimum for which a federal tax return is required to be filed, then the OP did not have to file the 2007 tax return and hence did NOT fail to file it.
Click to expand...

Thanks for the correction, my bad. He should answer NO.
 
One more question...

Part 10 Question 17

Have you ever been charged with committing any crime or offense?

If you were prosecuted for illegally overstaying in the United States (Illegal Alien). How would answer question 17?

Is Illegal Immigration a crime?
 
astrochimp said:
One more question...

Part 10 Question 17

Have you ever been charged with committing any crime or offense?

If you were prosecuted for illegally overstaying in the United States (Illegal Alien). How would answer question 17?

Is Illegal Immigration a crime?
Click to expand...


What exactly do you mean by "prosecuted"? What exactly happened? Were you detained by ICE? Issued an NTA? Had a deportation hearing in front of an immigration judge?
 
Im not sure if prosecuted is the word Im looking for. But here is what the exact phrase the Immigration Officer/Police told me. "I will not prosecute you for using fake ID but I will do so for over staying in the US."

I came here with a visitor s visa and after a year it expired but my mother s petition already was approved. After a decade of waiting...

I was randomly stopped by an Immigration Officer/Police at an airport. I handed them my plane ticket and fake ID and admitted right away that it was not my real name. I was arrested and detained for a month and I was bailed out. But I had to appear before the Judge for the master hearing. But before the hearing took place my petition became current. My lawyer then filled for adjustment of status and was approved and got my GC.

Funny thing is, I was Illegal in the US for a decade and been traveling from state to state using my real name and when I decided to use a fake ID thats when I was randomly stopped.

I dont know if what Ive experienced was a crime or offense. Or I dont know if being an illegal alien was also a crime. Ive done a lot of research regarding "if illegal immigration is a crime or not" but the more I spend time with the subject the more I got confuse.

Also will it affect my naturalization that I had to use fake ID for traveling purposes? Please help. Thanks a lot.
 
astrochimp said:
Im not sure if prosecuted is the word Im looking for. But here is what the exact phrase the Immigration Officer/Police told me. "I will not prosecute you for using fake ID but I will do so for over staying in the US."

I came here with a visitor s visa and after a year it expired but my mother s petition already was approved. After a decade of waiting...

I was randomly stopped by an Immigration Officer/Police at an airport. I handed them my plane ticket and fake ID and admitted right away that it was not my real name. I was arrested and detained for a month and I was bailed out. But I had to appear before the Judge for the master hearing. But before the hearing took place my petition became current. My lawyer then filled for adjustment of status and was approved and got my GC.

Funny thing is, I was Illegal in the US for a decade and been traveling from state to state using my real name and when I decided to use a fake ID thats when I was randomly stopped.

I dont know if what Ive experienced was a crime or offense. Or I dont know if being an illegal alien was also a crime. Ive done a lot of research regarding "if illegal immigration is a crime or not" but the more I spend time with the subject the more I got confuse.

Also will it affect my naturalization that I had to use fake ID for traveling purposes? Please help. Thanks a lot.
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Hmm, the information you provide above is still fairly unclear.

E.g. what do you mean by "a master hearing"? Was it a deportation hearing in front of an immigration judge?
Also, when you were detained for a month, were you detained in a USCIS detention facility? Or in a state prison/jail?

Generally, immigration violations are considered to be civil rather than criminal violations, and my understanding of Q17 is that it is asking about criminal offenses. Immigration judges are not a part of the criminal justice system, and immigration detentions are civil rather than criminal detentions.

However, maybe it is better to be safe than sorry and answer "yes" to Q17 anyway, for the purposes of full disclosure. You definitely do need to answer "yes" to Q16 (and probably to Q21 - depending on where you were held during that one month detention).

I'd probably recommend that you consult an immigration lawyer before submitting N-400 to clarify the questions like the one you are asking here.

Regarding your very last question: since you were allowed to adjust status and were issued a green card AFTER all of the above events occurred (I assume that all these things were properly disclosed during your adjustment of status process), these past issues should not affect your naturalization application - provided, of course, your properly disclose them in your N-400 application.
 
baikal3 said:
E.g. what do you mean by "a master hearing"? Was it a deportation hearing in front of an immigration judge?
Also, when you were detained for a month, were you detained in a USCIS detention facility? Or in a state prison/jail?
Click to expand...
They call it a Master Hearing I guess it is one and the same as hearing. It was a removal proceedings before the Immigration Court. I was detained in a jail instead in a immigration facility because of a high number of illegal aliens in the detention center at the time was arrested.

baikal3 said:
However, maybe it is better to be safe than sorry and answer "yes" to Q17 anyway, for the purposes of full disclosure. You definitely do need to answer "yes" to Q16 (and probably to Q21 - depending on where you were held during that one month detention).
Click to expand...
Yes, I already answered YES to Q16 and Q21 cause I was arrested and sent to jail.

baikal3 said:
I'd probably recommend that you consult an immigration lawyer before submitting N-400 to clarify the questions like the one you are asking here.
Click to expand...
Ive asked lawyers in my local area about the service and the cheapest one is $700. Is $700 would be alright to help me fill out N 400 application? Or is $700 too much?

baikal3 said:
Regarding your very last question: since you were allowed to adjust status and were issued a green card AFTER all of the above events occurred (I assume that all these things were properly disclosed during your adjustment of status process), these past issues should not affect your naturalization application - provided, of course, your properly disclose them in your N-400 application.
Click to expand...
The immigration officer who arrested me didnt pay much attention to my fake ID. My lawyer before said to not worry about it. I guess I shouldnt worry about it then. The only thing Im worrying about is if I make mistakes in filling out N 400 application. I dont want to make any mistakes in answering all the questions for they might think Im hiding something. The only issue right now Im having is Q17. I guess I should YES as you suggested and when the interview come I could just explain everything.

There was someone HERE that said he/she attached a note with explanation for every questions he/she wasnt sure of answering to show that he/she wasnt hiding something. Would this be a good idea?

Thanks a lot for the time.
 
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astrochimp said:
Ive asked lawyers in my local area about the service and the cheapest one is $700. Is $700 would be alright to help me fill out N 400 application? Or is $700 too much?
Click to expand...

Ordinarily I would advise against using a lawyer when filing an N-400. But in your case you have some pretty heavy stuff in your immigration history, including a month of detention and a removal hearing. I personally would pay an extra $700 in such a situation for the extra peace of mind, to make sure that all the t's are crossed and all the i's are dotted.

There was someone HERE that said he/she attached a note with explanation for every questions he/she wasnt sure of answering to show that he/she wasnt hiding something. Would this be a good idea?
Click to expand...
Yes, that is certainly all right. In fact, the form N-400 itself tells you to use an extra piece of paper for providing additional details if you answered "yes" to any of the questions 15-21 in part 10 (see the sentence on N-400 directly below Q21).
 
UPDATE:

I sat down with a lawyer gave him everything I have and told everything what happened. He reviewed my case and said he has not found any issue(s) that will hinder my application. He also said that I would not have a green card today if I was inadmissible before I got the green card. And that I should answer NO to Q 17 since there was no crime done in my part. Last question I had with him was the court disposition. He said I wont be needing one since that was NO crime. Besides, they have all my files since... until the proceedings was terminated.

Anyway, just sharing. Thanks man!
 
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