Tax Season & Immigration: What Every Immigrant Should Know

Tax season isn’t just about refunds—it plays a significant role in your immigration journey. Whether you're married to a U.S. citizen, own a business, or are a Green Card holder planning to apply for citizenship, your tax history can affect your immigration status and future applications.

Failing to file taxes correctly can lead to delays, complications, or even denials in certain immigration cases. Let’s break down why filing your taxes matters and what you should keep in mind.

 1. Married to a U.S. Citizen? Filing Taxes Is Key.

If you're in the process of applying for a marriage-based Green Card, tax season is an important time to strengthen your case. One of the things USCIS looks for when reviewing your application is evidence that your marriage is real—also known as “bona fide marriage” proof.

How do taxes play a role?

• Joint tax returns are strong evidence. Filing "Married Filing Jointly" shows that you and your spouse share financial responsibilities, reinforcing the legitimacy of your relationship.

• If you don’t have a Social Security Number (SSN), you can still be included on your spouse’s taxes. Many immigrants don’t realize that they can apply for an ITIN (Individual Taxpayer Identification Number) and still be listed on their spouse’s tax return.

• Not filing taxes can raise red flags. If your spouse is filing as “Single” instead of “Married,” it could create suspicion about your marriage, especially during an immigration interview.

  
  

2. Immigrant Business Owners: Taxes & Good Moral Character

If you're an immigrant business owner, freelancer, or independent contractor, your tax filing history can directly impact your immigration applications. Many immigration benefits—such as Green Cards, naturalization, and certain visas—require applicants to show they have Good Moral Character (GMC).

A strong tax record helps establish GMC in the following ways:

• It proves financial responsibility and compliance with U.S. laws.

• It demonstrates that you contribute to the economy.

• It prevents issues that could arise from unpaid taxes or underreporting income.

What happens if you don’t file taxes?

Failing to file taxes, underreporting income, or owing back taxes without a payment plan can raise concerns about your moral character and could be used as a reason to deny your immigration application.

3. Green Card Holders Applying for Citizenship: Tax Compliance is Crucial

For Green Card holders planning to apply for naturalization, tax history is an essential factor. Not only does USCIS check whether you have filed your taxes correctly, but they may also ask for additional details regarding your income and residency.

What USCIS may ask for:

• Proof of tax filings for the last 3–5 years (depending on your eligibility category).

• If you’re married to a U.S. citizen, joint tax returns may be requested as proof of a bona fide marriage.

• If you have lived outside the U.S. for extended periods, your tax records can help prove continuous residency.

  
  

What happens if you have tax issues?

• Not filing taxes or owing back taxes without a payment plan can raise concerns about your eligibility for citizenship.

• If you owe taxes, but have an active IRS payment plan, it usually does not disqualify you from becoming a citizen—as long as you’re making regular payments.

  
  

Tax compliance is more than just a legal requirement—it’s an important factor in immigration cases. Whether you’re married to a U.S. citizen, running a business, or preparing for naturalization, filing taxes correctly helps demonstrate responsibility, financial stability, and good moral character.

If you’re unsure about how your tax situation might affect your immigration status, it’s always best to consult a professional who understands both immigration and tax laws. Preparing now can prevent complications in the future.

Important Deadline: The deadline to file your 2024 taxes is April 15, 2025. If you need more time, you can request an extension until October 15, 2025, but that doesn’t delay your tax payment—only your filing.