Legal Question in Immigration Law in Washington

My friend overstayed his student visa and stayed in the US anyway. He still has a social security number. He started working and now, since it's been a few years, he can only work as an undocumented worker because most employers check his status and see he is not here legally any longer. My question is regarding his filing taxes: his employer told him he will give him his W-2 form. Should my friend file for taxes, even though he never has before, since it puts him "on the radar" so to speak? Without filing, would he go unnoticed as he was all the while? He has gotten conflicting advice - one person told him that if he never filed before, he shouldn't file now, since his status is not legal anymore, and another person told him it's always better to file because it shows "good character" and even though he may draw attention to himself, the IRS is not the immigration police.
What would you advise him, considering he really doesn't want to go back to Russia and wants to avoid deportation? He's dating an American citizen seriously so via marriage his citizenship issue should be solved this way.
Thank you for your advice.

Asked on 2/06/12, 1:52 am

Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

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Hello:

Not filing taxes is against the law and USCIS may view as a violation of his moral character.

Answered on 2/09/12, 1:27 pm

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