Legal Question in Immigration Law in California

Re: Illegal Alien & Taxes

Yes, there will be an interview in Juarez. He might need a waiver. Are you certain he's admissible? You apparently didn't get any legal advice yet. I hope you haven't made errors that could affect his eligibility.

There is no regulation that back taxes are required of the alien as a part of this filing. However, the issuance of an immigrant visa can be denied for unreviewable reasons. This takes away from your ability to control the case. The best way to handle this in my opinion is by providing the documentation. If you choose to not submit the returns, I would request of the government an opportunity to provide them if they ask for them, which they probably will, at least for the past year if the person was working in the U.S. It's possible they might not give the opportunity to provide them though. Each consulate functions differently and they can be a bit unpredictable. Under no circumstance should he lie about having worked in the U.S. if that is what he did. If he lies, he'll create admissibility for which a waiver is definitely required, for fraud, so honestly is very important.

I can tell you what the current policies are in Juarez. They change everywhere often.

For more information, write to me at [email protected] or check me out at http://www.yardum-hunter.com.

Sincerely,

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

Re: Illegal Alien & Taxes

You should both be filing a joint return, if you are in Southern California contact us.