Handsome1
When it comes to ‘tax issue’ then it is important to know its role in context with immigration benefit at different times in dealing with USCIS.
During the time of obtaining LPR, USCIS NEVER asks whether or not applicant has ever failed to pay taxes. Because, paying an income tax is not a requirement to obtain a LPR. Nor USCIS can find the applicant as a person of bad character if applicant has not paid the required taxes. This ‘tax issue’ is completely mute/dead during the time of LPR. USCIS doesn’t care whether someone has paid taxes or not. It is not their problem. Besides, they are not there to carry out IRS laws; instead they are there to carry out immigration laws.
A lot of married couples submit joint tax returns along with their application for LPR, but the only purpose for them to submit those tax returns is just to prove the bona fide of their marriage. So, it is not submitted to prove that they have paid taxes to govt. Besides, USCIS knows that an applicant for LPR is not supposed to work anyway before his/her status is adjusted (approval of I-485) unless s/he has prior permission from them to work. So obviously, they don’t expect a person to have paid taxes. And if someone is permitted to work before their status is even adjusted then the only reason behind is-so that this person could support himself/herself financially until a decision is made on his/her pending I-485. So obviously, USCIS doesn’t issue work permits to these people for the purpose of collecting taxes.
However, during the time of Naturalization, tax issue plays a very important/vital role. Because if someone has failed to pay the REQUIRED taxes then it is considered that such person is not a person of good character, which is a prime requirement for naturalization. And, applicant’s failure in paying the required taxes is considered as if applicant doesn’t care the laws and rules of United States. Do not forget that if someone won’t respect any law/rule in the United States then his/her application for Naturalization will be denied. Thereby, USCIS definitely denies the Naturalization application to a person if s/he has failed to pay the required taxes. Be noted: When it comes to tax issue for naturalization purpose then USCIS is not interested for the period before a LPR is obtained; instead they are only interested for the period after LPR is obtained.
People should also know that once a status is adjusted (approval of I-485) then many issues like having worked and studied without USCIS permission, having overstayed previously, traveled out of US being out of status for 180 days or more at any time, etc… become completely mute, irrelevant and dead. Because, these issues are supposed to be evaluated/determined during the time of adjusting status by USCIS, and not once a status is already adjusted. However, don’t be confused these issues with other issues like if someone has lied to gain entry/green card or had pre-intent at the time of entry to US. These are very serious issues, which could create a big problem during the time of Naturalization. But other aforesaid issues won’t create any problem once a status is already adjusted being petty in nature. Also, don’t forget either that a person in F-1 status is legally allowed to work for certain hours. So if someone had worked without USCIS permission under F-1 visa and if this person is already a green card holder then this person doesn’t need to worry anything. Again, pay attention-a person in this situation won’t face any problem whatsoever. However, NEVER disclose anything voluntarily to USCIS.
It should also be known that USCIS doesn’t check anything with either IRS or SSA. By law, these agencies cannot share any information with USCIS anyway. USCIS is allowed to verify only the validity of very limited information/documents with these agencies. That’s all.
Further, one of the attorneys you have consulted is completely a nut as he is wrong in advising you to pay now $1000 to USCIS to amend anything to your green card application, which has already been adjudicated a long time ago. You cannot do any amendment to the mistake that you might have made before. By such advise, it’s seemed that attorney is trying to portray as if Govt. cares about your $1000. Actually, govt. doesn’t issue green card to make money; otherwise everyone will happily pay more than ten times of $1000 to get a green card. Don’t even listen to this silly “advice”.
If you were not specifically asked about this issue during the time of obtaining LPR, then it means-you did not lie anything about it. Not disclosing something is not as if you lied. Listen very carefully-you did not lie anything, and you don’t need to be paranoid about this issue for nothing. Like I told you earlier, once I-485 gets approved, all this type of issues become dead/mute. Because, these are discretional issues for USCIS. Means-adjudication officers retain the right to ignore these issues if they want to. Just don’t mention about this anywhere, and NEVER disclose anything voluntarily to USCIS. In Sony’s case, USCIS concluded a fraud as he NEVER attended the school at that time despite of being entered on F-1, but your case is not about Fraud, instead it is about petty violation, which becomes mute once a status is adjusted.
I don’t care what advises are given to you by different people over this forum or by attorneys. Because, as far as JohnnyCash is concerned-you don’t have a problem whatsoever. This issue won’t even bring/come up during your Naturalization time, trust me. Read my lips-you are good to go on your N-400. You will be the biggest ‘dumb and dumber’ if you would open the can of worms by disclosing about it. And, unless you want to have some kind of “fun” or “excitement” with USCIS, you would keep your mouth sealed on this unless you are specifically asked about this. Good Luck.
