Legal Question in Immigration Law in Washington

Greetings everyone,

I�ve been reading this forum, but I couldn�t come across a situation like mine, so I thought I need to ask.

I have some unpaid taxes from the past.

I�m currently working with the IRS on a �offer in compromise�

At this point it is not sure if the IRS will take it or make me pay it off on monthly bases.

I�d like to get my citizenship, however I�m aware of the fact that I have to show a �good moral character�

And not paying taxes is not showing a �good moral character�

So let say the IRS takes my offer in compromise and I pay it off

in one lump some. How will that affect me getting my citizenship?

Or let say I have to pay it off on a monthly bases.

That basically will take forever. Can I still get my citizenship if I apply for it, or are they going to turn me down automatically?

Has anyone run into a situation like this before?

Of course all the other things apply to me: green card, being here legally and long enough to get the citizenship, never been convicted of a crime etc...

Thanks in advance


Asked on 4/01/10, 12:20 pm

1 Answer from Attorneys
Amir John Showrai The Pacific Law Firm, PLLC

I've had clients in similar situations to yours where they owed or owe back taxes. My advice to them was prior to filing for naturalization, get your back taxes dealt with first. By this I mean, if you can do a one time payoff, fine. If you have to arrange for payments over time, then once the payments are complete, then we should file for naturalization.

Bottom line: do not apply for naturalization until you can answer that you owe no back taxes to the IRS and that is the best way to ensure the smoothest possible naturalization application. Mind you, nothing is 100% for sure because each application is looked at by an individual USCIS officer, so I am relaying to you my experience and advice, but that said, no matter who looks over your application, if you have currently unpaid back taxes when you apply, that is far more likely to spell trouble than if those are behind you and dealt with at the time of your application.

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Answered on 4/06/10, 2:02 pm


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