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  • Taxes and sponsorship

    My husband wants to sponsor me for green card. He is US Citizen, self-employed and has no tax returns. What can we do?
    Someone out there please give us a hint. Thanks!

  • #2
    If your husband has been working but not filing taxes, he's got big troubles with the IRS. His (and your) best bet is to find a good tax attorney before you even try to deal with immigration. [My opinion only--I'm not a lawyer.]

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    • #3
      he needs to start filing all his taxes including back taxes IMMEDIATELY. Later, he can sponsor you.

      You need to know that you cannot get any benefit from the govt if u dont file taxes, esp if you have been receiving any form of income.

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      • #4
        Thanks Aliba & John Doe!
        Does my husband have to pay a penalty for not filing taxes. He has his business for 5 years and did not file at all.
        Is there any other route we can go? My parents are also here and they have a greencard. Can they sponsor me too?
        Can I still file a marriage based adjustment of status? I am here 18 years on a visa overstay and got a DUI in Oct. 2004. I lost my driver license and can not get a temporary because I have no SS#. Any suggestions on that? Please help, Iam in a big mess. Thanks!

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        • #5
          you will have a lot ahead of you to get everything sorted out.
          consult an experienced tax-laywer like AliBA suggested. get the tax issue sorted out and then file for marriage based AOS. having your parents sponsor you doesn't make sense. with them only having a green card and you (at least I assume you are) being aged out (over age) it would take forever for you to get a green card and you might even have to leave the country which in turn would trigger the 10-year bar due to overstay.
          As to the consequences of your DUI I would suggest you consult an experienced immigration attorney.

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          • #6
            Thanks Silviamka,
            I heard from an immigration attorney that they cannot remove you if you in the US over 10 years. Is this true?
            I know, it sure does not mean you get a greencard, but the attorney said you are then kind of a "known illegal"?
            How can a DUI affect my greencard chances? Thanks for every reply on this!

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            • #7
              No, that is not true. If you have been here over 10 years, and if you have a U.S. citizen spouse or child, then you can appeal a deportation on the basis of extreme hardship TO THAT U.S. CITIZEN, but there is no guarantee you will win an appeal. [Again, I'm not an attorney.} Do you really want to run the risk, much less pay the attorney bills? Personally, I'd be suspicious of any professional (doctor, lawyer, whoever) who promised you a 100 percent outcome like it sounds your attorney may have.

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              • #8
                Thanks, Aliba,
                No, I want to go with an attorney and have an Interview tomorrow (it' s not the attorney who told me about the 10 years and no removal. I have fired him last week, because it seemed to me that I am more updated on immigration issues than he is... he didn't know a lot of things).
                I cannot go this alone without attorney because my case is really complicated, and some of the lawyers that reviewed it, didn't even want to touch it... so, you can imagine I am very, very scared!
                I am not in Deportation proceedings, and hope I never will be. I entered US legally 18 years ago and I still have the I-94 (Admission to US card), but I do not have a valid passport from my homecountry.
                It expired years back, and for a renewal I would have to leave USA and apply in person in my home Country, or I would have to go to the consulate and show proof of my legal residency, which I don't have. So what do I do?
                Because of the DUI in Oct. 2004, I lost my only picture ID and cannot even get the temporary license granted by court because I do not have a SS#. As you can see I am in a pickle here. Any suggestions? Thanks for every reply!

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                • #9
                  As I said before, have your husband clear up his tax situation first. Since you entered legally, he can sponsor you to adjust status.

                  As far as I am aware (again, I am not a lawyer), if you've aged out (gotten too old or married), your parents cannot sponsor you for a green card. If they were citizens, it would another matter.

                  What impact the DUI would have on your application would be something to discuss with a good immigration lawyer. But, since you don't have a valid license, I hope you're not driving in the meantime. That could get you into bigger trouble.

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                  • #10
                    Thanks Aliba, I keep you posted on what the lawyer says tomorrow.

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                    • #11
                      Talked with Lawyer yesterday.
                      Have to find another one. I am desperate now! Anybody know off a good lawyer in Atlanta area?

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