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FAQ About Immigration & Tax Law February 28, 2019

Financial District, Manhattan
FAQ About Immigration & Tax Law, Manhattan, New York

Tax season can be overwhelming for some U.S. citizens, but immigrants often face even more difficulty. Many wonder if they’re subject to higher tax rates, or whether immigration law authorities monitor tax return filings. Here are answers to common questions immigrants have about U.S. tax law.

A Brief Guide to Immigration & Tax Law

Do immigrants have to pay taxes?

The tax law makes no distinction between citizens, naturalized citizens, and legal aliens, so everyone who lives in the U.S. must pay income, capital gains, and Social Security taxes. While your immigration status doesn’t affect your tax rate, it may impact your ability to claim certain exemptions.

Can I claim my undocumented relative on my taxes?

immigration lawUndocumented children can’t qualify for the child tax credit, but you can claim individuals you financially support, regardless of their status. To claim these dependents, they must have an Individual Tax Identification Number from the IRS.

Does DHS use tax records for immigration enforcement?

The only agency that can access some of your tax information is the Social Security Administration, which also doesn’t share information with the Department of Homeland Security. Your tax returns are confidential information, so law enforcement agencies can only view them by obtaining a warrant.

Can an immigration law attorney help me with my taxes?

The best immigration law firms have extensive experience with every aspect of the system, including how your status impacts your tax filings. With their specialized knowledge, they can answer questions most tax preparation offices wouldn’t.


As one of New York City’s premier immigration law firms, Berd & Klauss, PLLC, offers detailed guidance and effective counsel to clients from across the world. Whether you’re facing deportation or have questions about your taxes, their highly skilled, experienced attorneys will provide the professional representation you need. To schedule a consultation, visit their website or call (212) 461-7152.

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