Problems with Part 10 Questions 13 and 14

[AnnieCA 0]

My co-worker has a green card and wants to become a citizen. He left the US after getting his green card in the 90's and did not return or pay US taxes (state or federal) for 7 years. When he came back to the US, his green card was not taken at the border, so now he has been here for the last 9 years and has been paying taxes as a LPR.

How does he answer questions 13 and 14 in Part 10 of Form N-400?

Could he get his green card taken away now, for what looked like a forfeiture of his US residency in the 90's?

Does he need to file those back taxes from the 90's?

Any help would be appreciated.

[nwctzn 55]

My co-worker has a green card and wants to become a citizen. He left the US after getting his green card in the 90's and did not return or pay US taxes (state or federal) for 7 years. When he came back to the US, his green card was not taken at the border, so now he has been here for the last 9 years and has been paying taxes as a LPR.

How does he answer questions 13 and 14 in Part 10 of Form N-400?

Could he get his green card taken away now, for what looked like a forfeiture of his US residency in the 90's?

Does he need to file those back taxes from the 90's?

Any help would be appreciated.

If he owes back taxes he should definitely clear those with the IRS.

[mozplay 29]

So there has been much discussion about this sort of scenario recently, but this one seems to be the most severe. You can start by looking at these two threads:

http://www.visajourn...rom-green-card/

...and to a lesser extent

http://www.visajourn...he-philippines/

Regardless, this is not a straight forward case and rather than give you misinformation, I would strongly suggest seeking the advice of a GOOD, REPUTABLE immigration lawyer. Being away for 7 years by itself would lead someone to say that he had given up his permanent residency and needed to start over. However, given that he's been back and paying taxes for nine years ... this may work in his favour. But there are so many unknowns. I'm assuming that he didn't have any problems renewing his green card in the past and now that it's up for renewal again soon, he's looking at citizenship instead.

Regardless, best advice I can give is ... do lots of independent research AND find a good lawyer.

Edited December 21, 2012 by mozplay

[Brother Hesekiel 2,236]

Annie,

if I can make you happy with a short answer, here it is: no matter what you will hear otherwise, here or elsewhere, all the information needed is in regard to the past 5 years. What happened before the 9 years is water under the bridge and it will never come up ever again.

[mozplay 29]

And if you have to choose between taking my advice or Brother H's ... take his!!