Tax Not Filed

G

GreenCardNotYet

Registered Users (C)
Hello, I'm worried.

My interview date is comming in a few days...
Today, I found out that my laywer made a mistake.

I filed for GC from 245-I in 2001.

My work permit was out in May, 2002. So I started to file tax from May, 2002(I have W2 for 2002); but I actually started to work from 1999 for the same employer but didn't file for tax for 3 years before I received my work permit because my accountant said I could not file because I was out of status...


Today my laywer said, "Uh uh...I just found out that I originally filed the document with the starting working date as 1999 instead of 2002!" And he said to explain to INS officer, when asked why I have two conflicting dates for starting working date, 1999 and 2002, that I couldn't file tax because I was out of status.

Will the INS officer reject my approval of GC because I didn't file tax before I received my work permit? *I got a letter notarized by my employer for the interview, stating that I started to work for him from 2002.

I'm so much worried right now before the interview date coming in several days.

Thank you for your prompt reply.
 
If you are not careful, you will be in a world of trouble.

First off, you are required to file taxes even if you were out of status. Working illegally does not eliminate your tax liability, and the IRS will happily take your money and not report you to BICE if you are illegal. So you need to figure out your back taxes and penalties. Get yourself a good accountant.

Second, if you hand over a notarized letter stating that you only started working in 2002 you will be in a gigantic piece of trouble, since you are knowingly giving USCIS a false document. That's immigration fraud, and if you do it and they find out (which they will) you will be screwed.

USCIS won't care all that much if you didn't pay tax, especially if you start working tomorrow to fix that situation. They will care a great deal if you lie to them. Do NOT give them that notarized letter stating you only started working in 2002. Your employer gets a slap on the wrist for that.

You will get denied, placed in removal proceedings and receive a lifetime re-entry bar with no waiver. I am not kidding here.
 
thx

Thank you for your help.
I will go to my lawyer to change the date of the letter and have my emplyer notarized.

Thank you.
 
ur lawyer is nuts, kick his f .. a.. and tell him to change the letter, notarize from your company and also prepare some good explanantion how he made the mistake incase the adjudicating officer has some doubt in mind. Also if you can get from your company an appointment letter stating ur date of hire, renumeration that would be awesome.
 
how about hiring process...

How to explain the hiring process documents that's done in around April, 2001, while I was actually working at that time (from 1999)? Ah....I'm grounded.
 
GreenCardNotYet,

It looks like when you filed in 2001, you and your lawyer went with the story that you weren't working with your current employer at the time.. If that's the case, can you just say that 1999 was a mistake by the lawyers office. just a thought, of course that might open up another can of worms as to where you were working at the time and so forth.. you are so close to the inverview, you should definitely consult another good lawyer on the side and get their input.
 
I hope INS officer will understand.

I was working at the current employer at the time I filed for 245-I.

And there were/are no INS documents to fill up for an illegal alien who had been working for an employer who wanted to provide him with a legal status, other than following fomality(putting adds and hiring him new at the time for 245-I).

My lawyer and I did best as we can to follow the law. So I guess/hope an INS officer will understand my situation.

For the notarized letter, my lawyer said there is no way to put the date back to 1999 because 2002 was the year I "legally" started to work in.

I'm so frightened...

*I just can't understand the accountant who said in 2000 he couldn't help me file tax because I was out of status. I in 2002 wanted to file anyway and asked him to give me the W2 form and he said he could not find it. What should I do with that? I guess I have to go to other accountant do the guess work.
 
Re: I hope INS officer will understand.

Originally posted by GreenCardNotYet
For the notarized letter, my lawyer said there is no way to put the date back to 1999 because 2002 was the year I "legally" started to work in.
Click to expand...

The day you started working legally is not relevant for the purposes of the statement. If the statement says that you started working in 2002 and you were working illegally since 1999.

Look, it's a 245i case. You're covered. You absolutely need to tell the truth here, or you are doomed.

I guess I have to go to other accountant do the guess work.
Click to expand...

Based on the dubious advice you've received from your attorney and your accountant, you'll need new ones.
 
What you should do is

Just run to the nearest H&R block and file your taxes. Should not take more than a couple of hours.
Best of luck.
 
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