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Naturalization and Taxes

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  • Naturalization and Taxes

    Hi

    In yr 2000 and yr 2001 I filed state taxes as a part time resident / Non resident because I was posted abroad for my company developing business for my U.S Based employer. I filed the appropriate 1040 US federal tax returns though. Is the fact I claimed to be a nonresident of my state likely to pose a problem ? If so what can I do about it ?

  • #2
    Hi

    In yr 2000 and yr 2001 I filed state taxes as a part time resident / Non resident because I was posted abroad for my company developing business for my U.S Based employer. I filed the appropriate 1040 US federal tax returns though. Is the fact I claimed to be a nonresident of my state likely to pose a problem ? If so what can I do about it ?

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    • #3
      You can't apply for naturalization based on 3 or 5 yrs. residency respectively, then you refused to pay federal income taxes as recently as 2000/2001.

      In fact, I would argue that if you claimed "non-resident status" at any point after you received your permanent resident status, that you may be considered having abondened your LPR status (which is a must to naturalize).

      Before putting an N-400, you should resolve this issue ASAP with the IRS and ask for paying taxes for those respective years. In my opinion, you could be otherwise initiating removal proceedings or be in the fight of having have to prove your legal residency status. Consult a good immigration attorney after that.

      This is very serious, they don't say for nothing that only two things are certain "death and taxes."

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      • #4
        Hi

        To clarify I did pay my Federal taxes. Filed the regular 1040 form for Federal taxes. The only thing Non resident / Part time was state taxes cause I was physically present less than 6 months in the state I reside in. Furthermore I was led to believe since I was developing trade for a U.S company abroad these absences (though less than 6 months a a go) will not raise to omany eyebrows since my employer has provided an affidavit to the fact indicating this. I did speak to an immigration lawyer and all he cared for were the Federal 1040 which checks out Ok (since I didn;t file Federal as a Non Resident)

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        • #5
          naturalization is a federal process and the federal government rarely pursues or enforces state violations.

          If you weren't a resident in that state for the time being, then you didn't do anything wrong for naturalization purposes. Good luck!

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