Have you called yourself a "nonresident alien" on a Federal, state, or local tax return?

[Trter 0]

Since you became a lawful permanent resident, have you called yourself a "nonresident alien" on a Federal, state, or local tax return, or decided not to file a tax return because you considered yourself to be a nonresident?

I answered “yes.” But now I have realized that I worked in my hometown for four months in 2017 and paid taxes there. My income was quite small — about $8,000.

So what should I do now? Should I still say “yes” during the interview? And how can I submit a U.S. tax return for 2017 now?

Thank you so much for your help!

[OldUser 10,943]

This is a serious question.

If you said yes, you 99.9% won't be naturalized. Your GC may be at risk too.

I'd consult with a lawyer.

[Trter 0]

On 11/13/2025 at 2:46 PM, Trter said:

Since you became a lawful permanent resident, have you called yourself a "nonresident alien" on a Federal, state, or local tax return, or decided not to file a tax return because you considered yourself to be a nonresident?

I answered “no.” But now I have realized that I worked in my hometown for four months in 2017 and paid taxes there. My income was quite small — about $8,000.

So what should I do now? Should I still say “yes” during the interview? And how can I submit a U.S. tax return for 2017 now?

Thank you so much for your help!

 

[appleblossom 5,354]

On 11/13/2025 at 2:46 PM, Trter said:

Since you became a lawful permanent resident, have you called yourself a "nonresident alien" on a Federal, state, or local tax return, or decided not to file a tax return because you considered yourself to be a nonresident?

I answered “yes.” But now I have realized that I worked in my hometown for four months in 2017 and paid taxes there. My income was quite small — about $8,000.

So what should I do now? Should I still say “yes” during the interview? And how can I submit a U.S. tax return for 2017 now?

Thank you so much for your help!

 

Yep, lawyer time. 

 

"USCIS presumes an applicant who claimed special tax exemptions as a "nonresident alien" has lost LPR status through abandonment."

 

"An applicant who is a lawfully admitted permanent resident of the United States, but who voluntarily claims nonresident alien status to qualify for special exemptions from income tax liability, or fails to file either federal or state income tax returns because he or she considers himself or herself to be a nonresident alien, raises a rebuttable presumption that the applicant has relinquished the privileges of permanent resident status in the United States."

 

https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-316/section-316.5

 

Good luck. 

Edited Friday at 08:03 PM by appleblossom

[OldUser 10,943]

@Trter where is hometown?

Are you saying, in 2017 you filed a tax return with IRS saying you are non-resident? Did you have green card back then?

Edited Friday at 08:06 PM by OldUser

[Trter 0]

5 minutes ago, appleblossom said:

 

Yep, lawyer time. 

 

"USCIS presumes an applicant who claimed special tax exemptions as a "nonresident alien" has lost LPR status through abandonment."

 

"An applicant who is a lawfully admitted permanent resident of the United States, but who voluntarily claims nonresident alien status to qualify for special exemptions from income tax liability, or fails to file either federal or state income tax returns because he or she considers himself or herself to be a nonresident alien, raises a rebuttable presumption that the applicant has relinquished the privileges of permanent resident status in the United States."

 

https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-316/section-316.5

 

Good luck. 

I made a typo in my post, and I wrote ‘no’ in the application, not 'yes'.

[appleblossom 5,354]

Just now, Trter said:

I made a typo in my post, and I wrote ‘no’ in the application, not 'yes'.

 

Sorry but I don't understand your question then. What are you asking about? 

[OldUser 10,943]

21 minutes ago, Trter said:

I made a typo in my post, and I wrote ‘no’ in the application, not 'yes'.

What did you say in taxes in 2017? 

Did you say you were a non resident?

[Trter 0]

On 11/14/2025 at 3:31 PM, OldUser said:

What did you say in taxes in 2017? 

Did you say you were a non resident?

I filed my taxes in my home country in 2017, not in the United States. Never filed 1040-NR. But now, after reading this question on the N-400, I realized that I had to file a tax return in the U.S. this year too, because I have had my green card since 2016. I guess I will find an accountant to help with that. Maybe it’s possible to file my taxes for this year with some late fees.

Edited yesterday at 02:28 AM by Trter

[appleblossom 5,354]

47 minutes ago, Trter said:

I filed my taxes in my home country in 2017, not in the United States. Never filed 1040-NR. But now, after reading this question on the N-400, I realized that I had to file a tax return in the U.S. this year too, because I have had my green card since 2016. I guess I will find an accountant to help with that. Maybe it’s possible to file my taxes for this year with some late fees.

 

When's the interview? Honestly I can't see any point in filing now and you may not have time to anyway.

 

Not filing at all is far better than filing and declaring yourself non resident, and you probably weren't required to file anyway if you only earned $8000 that year. But are you absolutely sure you didn't tick 'yes' to that question on the application?

[Trter 0]

16 hours ago, appleblossom said:

 

When's the interview? Honestly I can't see any point in filing now and you may not have time to anyway.

 

Not filing at all is far better than filing and declaring yourself non resident, and you probably weren't required to file anyway if you only earned $8000 that year. But are you absolutely sure you didn't tick 'yes' to that question on the application?

Thanks for the response! Yes, I am sure.

[OldUser 10,943]

I feel like discussion deviated from original question. Unless you filed IRS tax return saying you were a non-resident when you had GC, it's fine.

 

And if your income was $8000 you were not required to filed taxes as far as I know. Just have proof of that for your interview IF you get asked.