ImmigrationTALK: Questions & Answers

Jun 30, 2012 News

By: Attorney Gail S. Seeram

Through this “Question & Answer” column, our goal is to answer your immigration questions. Many of you have questions on backlog time and eligibility – we seek to clarify these issues and more. We appreciate your comments and questions. If you have a question that you would like answered in this column, please email: [email protected]
Question #1:   I am a green card holder. I live and work in Guyana and travel to the United States every six months, do I have to pay taxes in the U.S.? I never filed a tax return in the U.S.
Answer #1:    As a green cad holder or permanent resident, you are supposed to file a federal tax return in the U.S. if you have earned income in the U.S. or outside the U.S. There may be certain credits you are eligible for if the income was already taxed abroad. Failure to file or pay federal taxes in the U.S. may be a ground for removal/deportation and a ground to deny further citizenship applications. I advise you to consult with a U.S. accountant or tax preparer to determine your tax liability, if any.
Question #2:    I am a green card holder and live and work in Guyana. I am waiting on my wife paperwork to be approved at the U.S. Embassy. We have about a year more to wait. I travel to the U.S. every 5-6 months and spend 2-3 weeks in the U.S. I am worried about my next re-entry into the U.S. and being questioned about the amount of time I spend outside the U.S.
Answer #2:   Yes, you should be worried. Custom and Border Protection officers are increasingly getting tough with green card holders or permanent residents who spent a greater amount of time outside the U.S. than inside the U.S. Remember, you lose your green card automatically if you spend more than 1 year and 1 day continuously outside the U.S. However, any time less than 1 year spent outside the U.S., then the officer has the discretion to take away your card if he determines you have abandoned your residency based on travel history or lack of property and employment ties to the U.S.
Question #3:   I was deported from the U.S. in 1995 for illegal entry. A few years back I applied for a visitor visa and was advised I was permanently banned. Is this correct?
Answer #3:   A ground for denial of a visa (or ground of inadmissibility) to the U.S. is fraudulent misrepresentation to gain entry into the U.S. If you gained entry into the U.S. in 1995 illegally through fraud (whether it was a fraudulent passport or visa), then this is a ground to deny issuance of a visa. When you apply for a tourist visa, make sure you disclose your prior illegal entry or else you will be committing a fraudulent misrepresentation again.
Question #4:   I entered the U.S. with a tourist visa and overstayed for 8 years. I returned to Guyana after getting tired of being in the U.S. without status. What are my options for returning to the U.S.?
Answer #4:   If you overstayed in the U.S. illegally for more than one year and leave the U.S. then you face a ten-year ban from returning to the U.S. Once the ten years have passed and you remained outside the U.S. for ten years, then you can benefit from a family-based petition filed by a spouse, child, parent or sibling.

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