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Immigration Issues/Citizenship application



A US permanent resident since 2001 and a citizen of a foreign country. Haven't left
USA  since. After receiving the green card I contacted IRS, spoke to a person who gave me his ID number to find out what tax form o file. Due to confusing treaty (saving clause only for american citizens and other issues)  I was advised to file a non-resident form - 1040NR and was told it does not effect my residency for ALL OTHER PURPOSES BUT TAXES (it is also stated in writing in IRS web site) . Money wise my taxes would have been practically the same, just wanted to be correct. So I had  filed a 1040NR for 3 years. Then I found out I could file 1040R and INS in fact prefers  just that. So I amended all my returns to 1040R   resident  filing status back to the year of becoming a permanent resident, which IRS accepted.


What should I answer in the citizenship application asking since becoming a resident if I ever called myself a non-resident on my tax return and what kind of problems I am to expect?

Thanks a lot,


I really can't answer a specific question regarding how to answer a question on a form in your particualt case.  However, I tend to err on the side of honesty and disclosing all information.  I would certainly consider saying yes and then explaining the entire situation including that the tax returns were erroneously filed as a non-resident and that they have been amended.  I also would try to send a letter from a CPA and an affidavit from you explaining the error.

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James D. Mills, Esq.


I can answer questions regarding business and family immigration, deportation, removal, exclusion, the immigration consequences of crimes and structuring criminal cases to eliminate or mininize immigration consequences.


I have been a licensed immigration attorney and a member of the American Immigration Lawyer's association for more than five years.

American Immigration Lawyer's Association.

Juris Doctorate, Rutgers School of Law- Camden, 1997

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