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Posted by Barbara Vazquez | Feb 28, 2024 | 0 Comments


NOTICE 1: If a person is married at the end of the year, they must file taxes as married filing joint or married filing separate unless you are legally separated according to the laws of your state.

 NOTICE 2: Head of Household:

You may be able to file as head of household if you meet all the following requirements.

1.       You are unmarried or “considered unmarried” (see below) on the last day of the year. See Marital Status.

2.       You paid more than half the cost of keeping up a home for the year.

3.       A qualifying person lived with you in the home for more than half the year (except for temporary absences, such as school). However, if the qualifying person is your dependent parent, he or she doesn't have to live with you. 

 “Considered Unmarried”

You are considered unmarried on the last day of the tax year if you meet all the following:

1.       You file a separate return. A separate return includes a return claiming married filing separately, single, or head of household filing status.

2.       You paid more than half the cost of keeping up your home for the tax year.

3.       Your spouse did not live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances. 

4.       Your home was the main home of your child, stepchild, or foster child for more than half the year. 

5.       You must be able to claim the child as a dependent. However, you meet this test if you can't claim the child as a dependent only because the noncustodial parent can claim the child.

 NOTICE 3: Beware if your tax preparer's primary focus is to get you the best tax refund possible. If you are a petitioner or beneficiary, immigration will review your taxes and failure to comply with U.S. tax law can pose future problems with respect to your immigration case.

 NOTICE 4: If you are a business owner or a 1099 employee (independent contractor), please be cautious concerning the deductions you take. Your income is what you report AFTER deductions.

 NOTICE 5: An individual who receives a W2 from an employer typically has his or her social security number on the W2. If you do not have a lawfully issued social security number, filing taxes with a W2 can complicate your immigration case. Speak with your tax preparer to determine your options.

 NOTICE 6: If your case requires a sponsor (your paralegal or attorney will indicate if this is necessary), please ensure that the sponsor in your case also complies with the tax filing requirements outlined in this letter. If the sponsor is unsure about their compliance, they should consult with a reputable, certified public accountant.

 NOTICE 7: Failure to amend erroneous tax filings when asked to do so by your immigration attorney can result in a significant delay in the filing of your case and the imposition of a surcharge for legal fees by Vazquez & Servi, P.C.

 *** PLEASE NOTE: Many exceptions apply to the items outlined above. Please use a reputable, certified public accountant. We have referred many of our clients to: Mary Guzman & Associates, 2750 Buford Hwy, N.E., Suite 225, Atlanta, GA 30324, [email protected] Tel. 678-913-3462, 404-636-6272.

Disclaimer: Vazquez & Servi, P.C. does not provide tax advice. The information provided above is intended only to serve as a guide for you to discuss with your Certified Public Accountant.

About the Author

Barbara Vazquez

Barbara Vazquez is the founding principal in Vazquez & Servi, P.C. She is a graduate of Georgia State University College of Law, a member of the American Immigration Lawyers Association (AILA), a member and former secretary of the Georgia Hispanic Bar Association and, The State Bar of Georgia. At...


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The information provided herein is general in nature and does not constitute nor substitute a formal consultation. Any exchange of information via this medium does not establish an attorney client relationship.