March 2012

Dear Readers,

We hope that this year is going great for you. We are excited about the recent immigration developments that we have been reporting to you. Now, given the tax season, this issue presents you with updates on the immigration consequences of your tax returns. Please read these interesting updates.

In addition, this month, we are starting a 'Q & A' section in our newsletter. Our readers are encouraged to take advantage of this opportunity to email us with any questions that they may have, and their question may be selected to be answered in our newsletter. Of course, your identity will remain confidential. Our best regards to our readers.

 



Your TAXES and IMMIGRATION Consequences

 

It is that time of year again . . . to pay your dues to Uncle Sam! But besides just being the only certainty along with death (as the adage goes), taxes can also be necessary for your immigration status. Let us explore how paying, or not paying, your taxes can affect your status in the United States.

 



Filing a False Tax Return May Result in Deportation

 

In its decision, Kawashima v. Holder, S. Ct. Dkt. No. 10-577 (U.S. 2/21/12), the U.S. Supreme Court ruled that willfully preparing and subscribing a false tax return constituted a crime of fraud or deceit under the aggravated felony statute of the Immigration and Nationality Act. Thus an alien convicted for this violation under Title 28 USC § 7206(1) is subject to deportation if the loss to the government is in excess of $10,000.

The aliens in this case were a Japanese couple who had been lawful permanent residents of the U.S. since 1984. The husband pled guilty to willfully preparing and subscribing a false tax return while his wife pled guilty to aiding and assisting in same. These convictions led to their removal proceedings.

This case is an example of how even lawful permanent residents must be careful in maintaining their status in the United States and abide by the law, or otherwise risk deportation.

 

In This Issue

 

Newsletter Issues

 

Q & A

Q: Dear NeJame Law,

I came to the United States in 2004 as a visitor.  My brother, who is a U.S. citizen, petitioned for me in 2008. This petition has already been approved. Can I apply to adjust my status?

-N.L.

A: Dear Reader

The approval of your brother's petition is the first step to adjusting your status.  The approval merely signifies the validity of your familial relationship with your brother. It does not grant you any status. As for the next step, you must apply to adjust your status.  To be eligible for this, among other requirements, your brother's petition must reach its "priority date." You can monitor the priority date of your petition at the U.S. Department of State visa bulletin.  Our newsletter provides a link to that website. To discuss alternative options, please consult with an experienced immigration attorney. You are also welcome to call us to discuss your matter in detail.

 

Your Visa Bulletin

Visit http://www.travel.state.gov/visa/bulletin/bulletin_5664.html to check the recent priority dates for Immigrant Visa Bulletin.

Be sure to review the most recent month.

www.ImmigrationCounselors.com
www.NeJameLaw.com

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