Citizenship and Pending tax - 10 years old,what next to do ?

[Nick45 0]

Green card holder here and I went through a separation,divorce situation about 11 years back. After I was divorced for that year I received alimony and started doing some small local works for payment by cash. Money was tight and I couldnt pay taxes that year and went into depression because of divorce, was jobless and living with my folks for two years while I improved. Had no income for those years and no taxes. Got a job after that and has been current on tax and filing.For the year I didnt file or pay taxes, I had brought forward the refund from previous year and applied to state and federal tax. Federal send me a refund check for that after a year as they saw no filing. State kept the tax I paid. 

 

I filed for N400 and on the form I checked the box that I owe tax and also attached a letter that I owe tax and will be going on a payment plan. Months before the interview I calculated tax owed for the unpaid year and because of expenses for my self employment I found I didnt have net income that is taxable. Since I didnt owe tax as per my calculation I didnt file or pay tax. 

 

During interview they didnt ask me about tax. I got approved. I was told will be called for Oath but its been several months. 

 

Because it got delayed I got worried and got in touch with an attorney who asked me to verify the tax for that unpaid year with tax consultant to see if my calculations were right. Seems some of my expenses cannot be claimed so I owe tax ! Luckily the state tax I already paid well covers it (and I should get a refund but its many years back so I cant claim refund). The federal part (though I paid it, they refunded it as there was no filing) I still owe. No filing done for state or federal. Both state and federal don't have any transcripts or income information for that year (because its alimony and self employment and so no W2 or 1099) which is why I got no notice from them.

I am unsure how to handle this. I was honest in my N400 that I owe. My self calculation errored me. I only owe federal tax. State already has my money. For both no filing done. This is 10 years back. Been current on all taxes since that.

 

- Can I be considered misrepresenting ?
- Does USCIS only consider taxes for past 5 years (and not something 10 years old)
- Is my case beyond repair now and can be deported ? Or is it better to not go for Oath or Withdraw my N400 and fix everything and reapply ? 

 

One immigration attorney I spoke to said since I have come this far, to wait and see and if they deny or ask for RFE deal with it then, else take oath and be done with it. 

 

Travel - I also will be going for a 3 week travel outside US for a very important matter and I have been delaying that for so long that I have reached a deadline and should travel. Is it safe to travel with this situation now. What if N400 is denied while I am outside , will I be stopped and turned back on re entry.
 

[OldUser 9,984]

What's the misrep? You said you owed taxes and you owe taxes. No problem there.

2 minutes ago, Nick45 said:

- Does USCIS only consider taxes for past 5 years (and not something 10 years old)
 

The question is EVER, so any time in life.

[OldUser 9,984]

3 minutes ago, Nick45 said:

What if N400 is denied while I am outside , will I be stopped and turned back on re entry.
 

Unlikely. You're LPR and can still travel.

Edited July 18 by OldUser

[Boiler 47,501]

I forget does the N400 ask, it seems every case I have come across it is on their checklist.

[Demise 1,443]

So N-400 does ask, but the question is solely in the context of "good moral character" which only looks 5 or 3 years back depending on the basis for naturalization. This is similar to how example failure to register for selective service makes you ineligible to naturalize until you turn 31 or 29, but all in itself it doesn't make you inadmissible, or deportable, or barred from naturalization. 

 

So my take on it is: disclose it, continue working towards resolving this with the IRS (and any state department of revenue, if applicable), explain the circumstances, and you'll be fine. 

Edited July 19 by Demise

[Fr8dog 421]

I'm not seeing misrepresentation.

You disclosed to the best of your knowledge before being asked that you had a tax debt and that you are taking care of that.

The fact that you found the amount to be incorrect after the fact should not matter (for the "best of my knowledge" part)

 

AAA (after approval anxiety) is a thing. People get worried that they are out of the average waiting time and get worried. Remember "average" means there are those that are faster (you rarely hear from them on this forum) but slower as well.

Check online and see what you case says. 

 

I have found, throughout my life, that trying to change things with government entities mid process has a high change of coming back to bite you. Personally I would just let the thing play out and wait.

 

You were a LPR and having a pending (or even denied) N-400 does not change that. At least not for something as "mildly" as having a different then expected amount of back taxes owed. So travel should not be an issue based on that.