Questions regarding N-400 application

[Syamsundar 0]

Hi! All,

I have 2 questions regarding the form.I am 21 and am eligible to apply for citizenship

I have filed my tax returns for the first time last year. Never filed returns earlier as I did not earn min income required to file returns. In this case, to the question "'have your ever NOT filed tax return since you became PR", do I put Yes or No as my response? If I put Yes, will the citizenship be denied.

Another question I have is regarding Employment. Do I show my summer internship as 'employment'

Regards

[jhunjhun 7]

I would suggest to put "YES" in regards to that question. Answering "YES" does not mean denial, they just want to make sure that you filed your tax returns. I looked up the form., it says there if your answered YES, did you consider yourself a "non-resident? I'm sure that the answer here is "NO". During your interview, if this question comes up, tell the interviewing officer about the reason for not filing your tax returns.

Did you get paid during your summer internship? If not, then put NO. Just a thought.

Edited August 12, 2014 by jhunjhun

[adtoe1105 0]

hi syamsundar.

1st question, personally I'd answer NO...reason being that you were not eligible yet to file taxes on previous years...so you are in a manner excused...but for absolute certainty I'd advise you to call USCIS...

Also, there's a TON of info in this site...if you have the time and patience, I'm sure this question is already answered in detail a few months back.

2nd question, YES, I'd definitely add the internship as employment, more than anything, to provide evidence, that you are in your way to becoming a productive member of society, and will not become a burden to the nation.

good luck!

[JimmyHou 611]

The question does not say "Have you ever not filed a Federal, State, or local tax return when you were required to do so?"

It says "Have you ever not filed a Federal, State, or local tax return since you became a Permanent Resident?

The OP has not filed a tax return every year since he became a PR and so his answer clearly must be yes. This does not in any way hurt his application, since he can demonstrate that he was not required to file. However, answering no to this question means that you are saying that you have filed a return every year, which is not the case here.

This is no different from the part that asks about your trips abroad. If your only trip was 2 weeks in Paris in 2012, it has no effect on your eligibility, but you're still required to list it.

[Udella&Wiz 325]

I am going to disagree - my daughter was in the similar position and until 2012 we claimed her on our tax returns so of course she had not filed her own all of the last 5 yrs. She also did not have any income and therefore would not have owed the IRS.

She answered No and recently took her oath...no problems or questions regarding taxes at her interview.

[JimmyHou 611]

I didn't mean to imply that answering the question incorrectly would get the OP's application denied. I was just pointing out what the question actuality says.

In your case, your daughter didn't file tax returns. I would have answered yes to the question and then explained that she was a dependent at the interview.

Every case is different and every interviewer is different, so I think answering the question as it is written will make the process smoother.

In your daughter's case there was no issue, but another interviewer may have asked her "if you didn't file a tax return, why did you say you did?"

It would have been cleared up at the interview, but I still think that the correct answer is yes.

It's like the question about "have you ever been cited?" Some people who have traffic citations say no and they pass their interviews just fine while others get an interviewer who will change their answer to yes on the form.

I am going to disagree - my daughter was in the similar position and until 2012 we claimed her on our tax returns so of course she had not filed her own all of the last 5 yrs. She also did not have any income and therefore would not have owed the IRS.

She answered No and recently took her oath...no problems or questions regarding taxes at her interview.

I didn't mean to imply that answering the question incorrectly would get the OP's application denied. I was just pointing out what the question actuality says.

In your case, your daughter didn't file tax returns. I would have answered yes to the question and then explained that she was a dependent at the interview.

Every case is different and every interviewer is different, so I think answering the question as it is written will make the process smoother.

In your daughter's case there was no issue, but another interviewer may have asked her "if you didn't file a tax return, why did you say you did?"

It would have been cleared up at the interview, but I still think that the correct answer is yes.

It's like the question about "have you ever been cited?" Some people who have traffic citations say no and they pass their interviews just fine while others get an interviewer who will change their answer to yes on the form.

But I think we're debating two different things... I'm talking about the wording of the application and you're talking about what happens on the actual interview. Your point is more important. :-)

But I'd probably still follow my own advice just to be safe.

Edited August 13, 2014 by JimmyHou

[Darth Vader Rises 1]

I'm going to agree with JimmyHou on this one for two staightforward reasons:

1) The question does not leave itself open to interpretation. It's painfully straightfoward; yes or no. I would imagine that tens of thousand of applicants (myself included in that number as a matter of fact) have valid reasons over the years not to file a tax return for every single year and usually, a verbal explanation at the interview suffices as acceptable evidence in straightforward cases, or very simple paperwork (such as income stubs showing income free from tax liability, or evidence of taking unpaid/voluntary work for extended periods, etcetera) in more complicated ones. It's worth while remembering that failing to file a tax return is hardly grounds to negatively adjudicate an N-400 application; however, lying on one (or making statements open to interpretation of untruths) could.

2) The right answer if you have not filed a tax return in the statutory period for any reason (including if you were not obligated to file one) is "Yes" according, at least, to the immigration officer I interviewed with. This subject came up randomly during my interview and I asked out of curiosity. He answered my question in the affirmative and give a casual example which, if I remember correctly, was more or less along the lines of "...it's really the same things about when we ask what societies or associations you've ever been a member of. Obviously, if you were a on the dabte team in college, we don't really care, but we still like to see disclosure..."