Legal Question in Immigration Law in New York

Tax Returns

I filed for my husband whose a british national last year.

We came to US 3 years ago and stayed here, work with the previous Social Sec.# which he got when he used to study here. He filed with the IRS at the end of each year and paid his taxed. Now he just got his working permit last year after I filed for him, we have the interview soon and they are asking him to bring last 3 year Tax returns. Is that a problem because he worked without a permit eventhough he filed his taxes? should we bring the tax document with us to the interview? will they still find out if he worked or not, and may that be the cause of they rejecting my petition? Help


Asked on 1/25/06, 1:49 pm

1 Answer from Attorneys
William Frenkel Frenkel Sukhman LLP

Re: Tax Returns

I assume that your husband was working without a valid EAD (since his previous work permit was restricted to his student or some other visa status which he no longer held). If that is the case, he would have been in violation of his status. Filing returns with IRS does not excuse it.

Just the fact that he married an American does not provide him with any immigration benefits until he obtains a new work permit.

Depending on what exactly you filed for him (I-130 ?) and whether based on the approved petition he filed for adjustment of status (I-485 ?), this may or may not create a problem. Did he apply for a new EAD then ? In general, aliens who adjust status based on marriage to a U.S. citizen can overcome previous immigration status problems, but this conclusion is very fact-specific so consult with an immigration attorney.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 1/25/06, 5:16 pm


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