To Whom it may help,
Since I am the low-income resident, I have filing my income tax return through VITA (Free Tax preparation service).
This is a free service offer by federal governments. People who help me filing my tax return are volunteer and those people are change every year.
In past 5 years, I have file my mother as my dependent on income tax return 1040 because I have own a house under my name. One of my tax preparer told me that I am eligible to put my mother as my dependent. Therefore, every year all the tax preparer just follows the 1st one to do my tax.
In a very recently, I have reading one of the article and realized that by IRS s law, people who filing as a dependent must live in the U.S for more than 183 days within a physical year.
Since my mother is caring a B1/B2 visitor VISA, According to Immigration law, people who carry visitor VISA can only stay in this country for less than 180 days unless they are filing the extension and extension is only eligible for once in a life time.
Therefore, if my mother can t stay in this country for more than 180 days then how can she be qualifying as a dependent on the tax return.
In a very recently, I saw many news on the newsletter saying if people who had filing their tax flatulently might possibly got deportation.
I am considering filing the TAX Amendment for this and I have not intended make mistake with my little knowledge about tax law, but according to IRS they only allow people to filing their Tax Amendment from past 3 years not 5 years, but immigration is going to look the tax return up to 5 years.
Now, I am very hesitating in should I still filing these amendment for pass 5 years tax return? Or should I just leave it as is.
If I can only amend up to 3 years, would that possible I am going to raise a red flag in front of immigration which version have been amendment and which version were remaining the same.
I have trying to consult with immigration attorney, however, different attorney says different things and that make me feel so confuse.
1) 1st attorney said: Immigration has no connection with IRS, therefore, they don t even ask for TAX documents during the interview and they don t even having a good training on considering that details.
2) 2nd attorney said: Parents are not under that 183 days of restrictions. Because they are my direct relatives as parents. So, no need to filing the amendment.
3) 3RD attorney said, you should be filing amendment, do not by luck, once immigration has any doubt then you will have big trouble.
I am not intended to make these mistakes and willing to amend them if its incorrect.
However, since IRS only accept the amendment up to three years and I am afraid that immigration is going to challenge me during the interview if some of them did amend and some of them are not.
I would like to consult with who see my posting. Any feedback will be greatly appreciated.
1) Should I still filing my TAX amendment for past 5 years?
2) If immigration challenge my amendment will this affect my application for citizenship or naturalization?