Returning Resident

[Boiler 45,525]

The only tax return that it refers to is the US tax return it is a US form. 

[Child of the Sun1 0]

@Boiler then there you go. That would be the same understanding of any average joe.

[Villanelle 4,122]

Maybe you are not the best person to be helping her? Can she afford an attny?

 

Out of curiosity-  what kind of lawyer did you ask about the tax issue? Im almost positive it was not an immigration attny. Perhaps you should speak to one. Many do give free consults, but Im not sure if they would assist you in assisting her- they would most likely insist on dealing with her directly...

 

And I understand your point that some of the wording on the forms used by immigration are not easily understood by the average joe. But a persons understanding of the forms and instructions DO NOT MATTER.  They are designed to be used by people with no legal assistance however some people still struggle and need assistance. 

 

As Boiler has explained to you several times when immigration refers to tax returns they are referring to US tax returns, because US the US only has authority over US tax returns. As a US resident you must file US tax returns regardless of where you live. It doesnt matter if where you live does not require you to file. If you are a US resident you must file US tax returns. To qualify for the returning resident visa you must show you are still behaving like a resident which includes filing US tax returns. 

 

She may need the assistance of a CPA/tax professional to back file her taxes/ Usually unless you earned a lot of money (100k or more) you do not owe any taxes due to using foreign income exclusions. Generally in tax law you can not be 'double taxed' so if she was taxed in the PI the US wont tax her again on it. 

 

Her strongest tie to the US seems to be her daughter. Is the ex bf the father? Also how did she originally come to the US? On what visa type? I was assuming it was a marriage based one but now I am not sure since you used the term ex bf. How long was she in the US before she left? 

 

Again I would encourage her to speak with an attny because based on what was posted so far its a very weak case. They would be able to help her create the strongest case possible. But here are the aspects that jump out at me and if I was the Officer would cause me concern:

 

1. Tax returns 

2. Has she been providing support to her child? Even if the child is with the father she is still responsible for supporting her child. Even if the father/guardian of the child can afford to take care of the child 100% she is still suppose to be supporting her child from a moral standpoint. You want to show you have good moral character. They need to believe you when you say I didnt intend on staying out of the US for this long. If she hasnt been financially contributing to the child is there any paperwork about why that is so? Emails or texts between the parents discussing such, conversations about her being unsure of when she will return. Or was the child over 18 when she left?

3.What are all the options she thought of and why werent they available? It seems she has been gone for about 5 years now. Also the wording you used bothers me when you said 'lifetime illness'. Theres a difference between a terminal illness and a lifetime illness. A terminal illness means you are going to die from it- usually with in a short period of time. Lifetime illness implies you have a condition that will last the rest of your natural life. It can be more understandable for someone to stay if its a terminal illness. For something like cancer or a organ failure type situation the Drs will advise the family its a terminal illness and say they have a short time left. If she stayed because of that and miraculously the person lives for another 5 years then one could attempt to argue it was out of their control. But if it was a lifetime illness and you decided to stay and assist them for the rest of their life then that was a decision you made. How old was the sick father? Perhaps if he was 80 or 90+ she could argue he wasnt expected to live much longer. But if he was younger- 50 60 then agreeing to care for him reasonably means 10+ years. Does the Drs letter state the father needs round the clock care? That he would benefit from being around family? Often the Drs letters say something like the patient is terminal and the family needs to be present as their time is limited...

4. Her round trip ticket is meaningless/ In fact often round trip tickets cost less then one way! And she was required to renew her GC. Even if she was intending on leaving- the law states you must have a valid unexpired GC so you have to renew it. GCs expire every 10 years, or she could have had the 2yr card based on marriage and if so she didnt renew it- she filed for ROC which is required. 

 

 

 

 

 

 

 

 

 

 

[Child of the Sun1 0]

@Villanelle Yes it an Immigration lawyer.  The thing here is in the Philippines there is a different bracket when it comes to taxes.  Thus they have a different laws in taxes here. The philippines are not mandated to comply with the laws of the US especially in taxes. As simple as that. If you been in the The Philippines and know the laws or taxes procedures then I would believe you. With all due respect. Another thing, you said  "a persons understanding of the forms and instructions DO NOT MATTER" then how can people understand the procedure?

as what Boiler said I don't have any disagreement with the US tax, what I am talking about was her taxes in the Philippines. I do understand that she needs to file her US taxes. Well, but Im sure the vast majority of the applicants for the sb1 visa were quite aware of that. She does support her child in ways whatever she can afford. Now for the ticket I stand you corrected. I don't know when you are referring too but there was a time getting a one way ticket cost less than round trip. 2nd don't say its meaningless, maybe for you, but not for the Officer. Its the essence of what you are trying to point. She is required to renew her GC if she wants to continue her residency, but if this LPR just wanted to abandoned her status she do just not renew it and go fly in the Philippines. Do you know how many LPRs didnt renew their GC because they decided to stay in their own country? The point of that was the Intention. Its not like you didnt renew your GC and you will be arrested, that is not how it goes. I don't know where you got your info, but I am certain you are missing my point

[Child of the Sun1 0]

@Villanelle also when you say lifetime illness its like diabetes, COPD this is what the doctors in the Philippines describe it. Now, let me say that again its the Doctors in the Philippines who describe it because it has no cure, it only has maintenance medicine for that.  The doctor recommends that someone needs to take care of him. The thing about your opinion are based on your perspective it doesnt sound like you are at different angle. I give you an example the father is 74 yr old senior. He coughs blood, run out of meds then the mother has to run to get meds for him. Or take him to the doctor. The father lives in rural place in the Philippines. Unless you have an idea about the environment in the Philippines, then your just basing your opinion on your presumption.  I am 100% certain you have no clue about the life in the Philippines. Especially people who lives in a rural place. As you someone said before, its a case to case basis, so maybe the way that you understand things pretty much doesn't really applies closely to her case. By the way you said about " Even if she was intending on leaving- the law states you must have a valid unexpired GC so you have to renew it" check that again, because nobody in the airport when you leave check your GC. Kindly do mo research on that. Even asked an Immigration lawyer. I remember before, when I used to be an LPR, they dont asked for my card when I leave the US. That is fact. So again try to check that, if so make sure your source of info is legit. Because in reality that doesnt happen

 

Edited May 31, 2020 by Child of the Sun1

[cyclone27 710]

1. yes u need to show your green card to get on a flight to USA. The airlines are responsible for making sure each passenger has a valid visa, green card or passport.

 

2. US doesn’t care about Philippines tax law, but all US residents must report worldwide income. Your friend will likely  not owe anything, but you have to report it and that is done through US tax return.

 

3. US doesn’t care about long term maintenance care of her family members. At the end of the day we all have choices to make and she clearly abandoned her residency. She decided to take care of her family which is honorable but there are consequences.

 

4. R/T trip ticket is irrelevant as a 5yr old W2. 

 

 

[Child of the Sun1 0]

@cyclone27 Now, Now, well I do understand this is a forum based on your opinion but don't be carried away. Remember as far as I've read and research there are stories out there pretty close on her case and worst but was able to be successful. By the end of the day its still a case to case basis. That means what we thought that wouldn't happened, might happen. 

[Villanelle 4,122]

 

10 hours ago, Child of the Sun1 said:

@Villanelle Yes it an Immigration lawyer.  The thing here is in the Philippines there is a different bracket when it comes to taxes.  Thus they have a different laws in taxes here. The philippines are not mandated to comply with the laws of the US especially in taxes. As simple as that. If you been in the The Philippines and know the laws or taxes procedures then I would believe you.

 

 

No I dont know anything about PI tax laws. I dont need to. I have no idea what her tax responsibilities are there and I dont care (so to speak)- neither does the US government. The Philippines are not mandated to comply with US laws but your friend is as a LPR. The US requires her to file US tax returns. Most likely for her to use the foreign income exclusion (which would eliminate her owing any US tax) she needs to show she paid tax on the money to another government. So she may need PI tax returns. 

Quote

 

With all due respect. Another thing, you said  "a persons understanding of the forms and instructions DO NOT MATTER" then how can people understand the procedure?

What I mean by this is if a person can not understand it doesnt change the requirements nor does it excuse them from not following it properly. If you do not know how to read and drive through a stop sign because you didnt know you still get in trouble. If you can read but you dont know enough English to understand the definition of stop so you dont stop you still get in trouble. The instructions were designed so that people could understand them with out legal assistance. Some parts they did a good job with and are very easy to understand. Other parts are not. Thats where a forum like this is helpful.

 

 

Quote

She is required to renew her GC if she wants to continue her residency, but if this LPR just wanted to abandoned her status she do just not renew it and go fly in the Philippines. Do you know how many LPRs didnt renew their GC because they decided to stay in their own country? The point of that was the Intention. Its not like you didnt renew your GC and you will be arrested, that is not how it goes. I don't know where you got your info, but I am certain you are missing my point

Just because many people do not file renewals because they intend to leave does not negate the requirement to file the renewal. , “Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him . . .. Any alien who fails to comply with [these provisions] shall be guilty of a misdemeanor...https://www.uscis.gov/green-card/after-we-grant-your-green-card/replace-your-green-card 

 

Personally I dont think its a good idea to present the argument- If I was going to abandon my status I wouldve committed a misdemeanor so obviously I intended to stay because I renewed it.

 

And I think you are missing my point. I understand what you are asking and why and honestly I am trying to help you by giving you potential issues that may come up. The questions and scenarios I presented are all reasonable. 

 

As @cyclone27 explained the US government in general does not consider long term maintenance to be something that is out of your control. The exact specifics matter. The more she can show of how she maintained her US residency the better. Has the father passed? Is that why she is seeking to return to the US? Or were they able to come up with alternative arrangements for his care? If so she would benefit from showing not only that it took 5 yrs but the hows and whys. It can be helpful to bounce your situation off others who are challenging it to figure out where you may have issues. Many issues can be overcome if you present alternate evidence. You will not be prepared to show alternate evidence if you dont even acknowledge there are issues. 

 

If you just posted here for encouraging words, well then I wish you well. Yes, many people get approved with difficult circumstances. Usually its because they were prepared and not just good fortune. Random good fortune also happens so if thats what you are counting on, again I wish you the best.

Edited June 1, 2020 by Villanelle

[Boiler 45,525]

The est you can do is suggest she gets professional  legal advice.

[Child of the Sun1 0]

@Villanelle The first thing Ive noticed on what you copied was this " Any alien who fails to comply with [these provisions] shall be guilty of a misdemeanor "  Now tell me, If I going to leave on the 3rd day after my greencard expired Intentionally, not coming back in this country, how can you charge me with a misdemeanor if nobody knows my card has already been expired? do you think this happens in real life? I don't deny what you copied what I am trying to say if this really happens in real life. Is a simple logic, No smoke No fire. So I dont what was your point. All I am saying she could've not renew her GC because nobody will find out about it anyway so, she could've just leave the country and forget the laws. Misdemeanor will not expedite her from Philippines to the US just because she left the country without renewing her Greencard.  "US requires her to file US tax returns. Most likely for her to use the foreign income" again as you sad you dont have any idea about tax laws in the Philippines so when you said that you dont even know if it is applicable. Yes as I said she need to report her US tax return but not tax Income in the Philippines because they have different laws. You are sharing your opinion and seems being redundant on your statement. She is an LPR but she is not a citizen. She is filipino citizen and she is in the Philippine soil thus she us under the cover of the Philippine taxes here which is completely different from what you think. I suggest refrain giving out opinions based on your belief and not with facts. You already admitted that you dont have any idea about the taxes here nor the laws. So refrain that. "f I was going to abandon my status I wouldve committed a misdemeanor so obviously I intended to stay because I renewed it"  its just making a point that you choose to honor and respect that, that is why you renewed it. If she choose not renew it and left the country the same week it expires, US cant do anything about it. It's not like they expedite you just to face the charges. I mean seriously, I dont think you are being realistic and I have nothin againts the law, its just who would tell them, if nobody checks each LPRS greencard? What cyclone27 said was just based on his own belief. He is not doctor, so what makes that opinion legit?  I've read a case of lpr who been gone for 3 yrs because of heart condition. No properties, and wasnt able to file a tax but, he manage to return. Now is it similar to my friend's case? No! but its a case to case basis.  If what cyclone27 said was actually real then I couldve been a millionaire by now. Because I've read a lot stories that is not even consider as terminal or just have a few days to live but were able to get back in the US. You guys should really do a lot of research. Most of the stories are here in Visajourney.  I am not saying that my friend doesnt have her short comings, she does! but the problem here is majority of the opinions here doesn't make sense. It seems that you misunderstood my point. For example,  cyclone27 said US doesn't care about your tax in your home country, but they care about your tax return in the US. That is true! because they have nuthing to do with the Philippine tax rule. Another thing about  the Greencard law. Yes! you are right about the law, but if nobody will report you to the USCIS then you just leave US withour renewing your GC. They will not extradite you just for that. So its not about not listening to your opinions, but your opinions doesn't have realism into it. You pass conclusion like your the doctor, or you are the Immigration officer. There is something missing in your opinions. I don't expect any encouraging words but all I expect are opinions based on facts, based on reality and not just our own definition. She is preparing that is why I helped post this concern of hers. But c'mon! let filter our opinions. Because majority I've read so far here,  are all based from our own angle of perspective and really that open minded. If you dont know anything about taxes in the Philippine that might be contradicting with the US tax just don't say anything. If you don't know how to see a life time illness and yet you are not a doctor? don't say anything. I do appreciate what she can enounter don't get me wrong. I dont want to offend you or anyone else.  I advised her to file and prepare what ever documents she needs to prepare. 

[Boiler 45,525]

None of us need to know about taxes in the Philippines, none of us are looking to live there.

 

She needs competent advice, please tell her to find it, you are not helping. For abandonment issues I would want a Lawyer that has tried such cases, preferably successfully, most Immigration Lawyers have not.

 

 

[Child of the Sun1 0]

@Boiler She needs a lawyer alright but don't tell me Im not helping. Just because I was able to rebut on your opinions, doesn't mean I'm not helping. This is a forum and everyone can chipped in their opinions. That same goes to me, I can say my opinion if I personally believe that your statement was wrong. Just like right now, you responded " None of us need to know about taxes in the Philippines, none of us are looking to live there " Did I say you guys have to know? Did I imply you guys should live in the Philippines? If some point I did, it's just only prove my point. Seriously, You guys need to open up more on your perspectives. I agreed about the tax return in the US, but the global tax thing you were explaining about? maybe UK has it, but not countries. Again not only be factual but realistic as well. Just because you see number 6 at your end doesn't mean I dont see number 9 at my end.

[Boiler 45,525]

You are not helping

 

I and others have given you good information and you have chosen to ignore it. Please do not mess up your friends life.

[Child of the Sun1 0]

@Boiler Dont judge me I am entitled to my opinion.  As you said you don't know anything about tax in the Philippines. So stop acting like you know something. Is this really a forum? or this is only a forum for guys just pretending they know something.

 

[Boiler 45,525]

We do not judge on VJ.

 

This is  US Immigration focused forum, if you need information on PI Tax issues you need to look elsewhere.