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LegalGround >> Immigration and taxes


3/23/10 9:32 PM
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Equus
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Member Since: 11/6/09
Posts: 811
 
If a person had a sister who in 2007 became a naturalized US citizen after living here for years and then went back to the Philippines for college, would there be any immigration issues raised if she claimed her sister on her tax return? The taxpayer is not a US citizen, but she is a resident with a green card and has a social security number.

I don't imagine that it would matter where the sister was, as long as she was only there for schooling, but I want to make sure. I'm not even sure where to look for this kind of info online, so pointers to websites would be appreciated, too.

Their mother is worried that immigration officials might investigate the fact that the sister was in the Philippines for so long without coming back to the states, and that it could somehow threaten her citizenship. Thanks
3/30/10 6:13 PM
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fishluv
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Member Since: 4/25/07
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Equus - If a person had a sister who in 2007 became a naturalized US citizen after living here for years and then went back to the Philippines for college, would there be any immigration issues raised if she claimed her sister on her tax return? The taxpayer is not a US citizen, but she is a resident with a green card and has a social security number.

I don't imagine that it would matter where the sister was, as long as she was only there for schooling, but I want to make sure. I'm not even sure where to look for this kind of info online, so pointers to websites would be appreciated, too.

Their mother is worried that immigration officials might investigate the fact that the sister was in the Philippines for so long without coming back to the states, and that it could somehow threaten her citizenship. Thanks
De naturalization is a very rare event. 
 
4/19/10 2:25 PM
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Subadie
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Fishluv is correct, however, its actually an interesting question, as for many years citizenship could be taken away if person returned to his home country within a certain period of time. (If they returned to their country within 3 years, they were thought to have received the natz by fraud.)

SCOTUS said though that US Citz is a “precious right and cannot be lost by accident.” Vance v Terrazas, 444 US 252 (1980), Afroyim v Rusk, 387 US 253 (1967). A act from a list of expatriating actions is now required in order to lose citz. INA Sect. 349(a). This can include such things as serving in a foreign army, renouncing citz, but because of the way the law is written, the only clear and effective way to lose Citz is by renouncing it before a US Consular Officer overseas.
4/20/10 12:57 PM
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Equus
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That's good to know, thank you for answering.

I would never presume to give someone advice on matters of immigration, but at least this is a good indication that if they were to spend the money for a professional opinion they would get a favorable answer.

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