Review of green card applications has been tightened. Failure to file taxes or taxes owed may be denied.

American citizen Andmigrant USCISgreen card Applications are subject to strict review. Applicants with unpaid taxes, incomplete tax returns, or outstanding debts may be listed as disadvantageous factors during the review process. This policy requires immigration authorities to not only examine basic qualifications, but also comprehensively consider the applicant’s overall situation before making a decision to issue permanent residence (green card).

The Economic Times reported that this change stems from a policy memorandum issued by USCIS in May this year, in which “adjustment of status” was considered a discretionary benefit.

Adjustment of status refers to the process by which eligible aliens already in the United States can apply for permanent residence without leaving the country.

Under the revised approach, merely meeting the basic requirements for a green card may not be sufficient. Immigration officers must consider positive and negative factors, including whether the applicant is in compliance with tax laws. This approach may affect people applying for permanent residence through family sponsorship or employment routes, as well as US citizens who sponsor relatives.

Immigration lawyers warn that applicants who owe federal, state or local taxes could face difficulties under the new policy. Affected individuals may include those who have been granted an extension but have not yet filed their taxes, or who are paying back taxes in installments under a repayment agreement with the Internal Revenue Service (IRS) or state tax agency.

New York immigration lawyer Karin. Karin Wolman suggested that people who are preparing to apply for adjustment of status should first review their tax records and pay any amounts owed before filing the application.

He said, “Since the policy memorandum reinstates adjustment of status as a rare discretionary benefit, USCIS officers are rejecting cases that were previously allowable.” “One of these cases is that the applicant or sponsor owes taxes to the US citizen. Failure to file taxes due to extensions, or making payments in installments on a payment plan now may result in the green card application being rejected. Get your affairs in order, file your taxes and pay the balance. This is best done before filing and, in any case, before the interview.”

This policy also affects US citizens who apply for green cards for their family members. Sponsors usually must submit an “Affidavit of Support” proving that they have sufficient financial resources to support the sponsored relatives. Tax returns and tax payment records are one of the documents used to prove their financial status; Delinquent taxes can also become an issue when reviewing such applications.

Tax records also become very important when applying for citizenship. Applicants must prove that they have good moral character, and USCIS considers failure to pay tax obligations to be a negative factor inconsistent with good moral character.

However, this new USCIS measure is facing legal challenges. A coalition composed of several immigration advocacy groups, labor unions, and individual applicants filed a lawsuit against the Department of Homeland Security (DHS) and USCIS in the Federal District Court of Massachusetts on the 5th of last month.

The plaintiffs claimed that USCIS’s new policy violated the Administrative Procedure Act, the Immigration and Nationality Act, and the due process guarantees of the Constitution; The plaintiff requested the court to issue an injunction to stop the implementation of the policy while the case is pending.