EIIC Events

April 17, 2012 Tax Deadline

THE EIIC WILL BE HOSTING FREE PUBLIC INFORMATION SEMINARS AT OUR WOODSIDE AND WOODLAWN OFFICES ON WEDNESDAY, MARCH 14th  AND THURSDAY, MARCH 15th , RESPECTIVELY, FROM 6-8pm.

OUR IMMIGRATION ATTORNEY, IMMIGRATION COUNSELOR AND PRIVATE ACCOUNTANTS WILL BE ATTENDING TO PROVIDE UPDATES AND INFORMATION AND ANSWER QUESTIONS ON GENERAL IMMIGRATION AND TAXES.

FOR FURTHER DETAILS PLEASE CALL THE WOODLAWN OFFICE AT 718-324-3039 OR THE WOODSIDE OFFICE AT 718-478-5502.

Download as PDF: Public Information Seminar Queens 2012

Download as PDF: Public Information Seminar Bronx 2012

All immigrants residing and working in the United States are generally required by law to file income taxes every year, which are due around mid-April. Besides the legal requirement, there are other good reasons to file income tax returns, including eligibility for citizenship and other immigration benefits and potential tax refunds, credits or exemptions.

Lawful permanent residents, or green card holders, must demonstrate that they have complied with the tax laws to apply for US citizenship and to maintain their permanent resident status. To become an American citizen, they will have to show evidence that they have filed taxes during the five years prior to their application for naturalization or proof that they were not required to file a tax return. Failure to file a required tax return may be considered an act of bad moral character which is a temporary bar to attaining U.S. citizenship.

The U.S. Supreme Court recently ruled that a legal resident who makes a false statement on a tax return could not only face tax charges but also automatic deportation. The Court found that a criminal tax violation involving fraud or deceit against the government for more than $10,000 is considered an “aggravated felony” under immigration law. An “aggravated felony” under immigration law  makes a legal permanent resident deportable. This ruling sends a warning to legal immigrants, especially small business owners. For instance, legal immigrants could be deported for failing to report foreign bank accounts as required by the IRS.

Undocumented immigrants living and working in the United States are also required to file an income tax return to report their US earnings. They must apply for and use an Individual Tax Identification Number (ITIN) in place of a Social Security number to file a tax return and report income. An ITIN is a nine-digit number issued to people who are not eligible for a Social Security number. It does not authorize someone to work in the United States. An ITIN is used only for record keeping purposes and for filing taxes. One must complete a W-7 form and file it with their first tax return to get an individual tax identification number. Afterwards, the ITIN may be used to file future returns and also for opening a bank account, taking out a mortgage or for other financial transactions.

For the 2011 tax year, a single individual under 65 must generally file a tax return if his or her income was above $9,500 as a regular employee with no dependents. Individuals who are independent contractors, including those who are self-employed or whose employer does not report their income to the IRS, are required to file a tax return if they earned more than $400 last year. Those who do file a tax return may be eligible for a tax refund if taxes have already been deducted from their salary, may be eligible to claim the Child Tax Credit or exemptions for dependents.

The IRS does not currently share any information from taxpayers with other government agencies due to privacy provisions in the tax laws. It is also not in the IRS’s tax collection interest to disclose any information to the immigration authorities, since it will discourage those who are undocumented from filing tax returns.

It is in the best interest of undocumented immigrants to file their taxes in anticipation of a legalization program or other immigration reform. Tax filing may be used as evidence of physical presence in the United States and also demonstrates good moral character. Each may be a requirement towards a path to citizenship under new legislation.