The COVID-19 meltdown has been reminding me a lot of the previous economic crisis we experienced back in 2008 – 2011. My husband, Andrew Gates, is a home-builder and he was our family’s main support back then when I was working at Catholic Charities, earning very little, and paying big law school debts. Suddenly, Andrew’s work just evaporated and he had no income. Our third child was a newborn. We thought we were going to lose our house, our cars, everything. We went through a lot of panic. We were sued by our credit card company. We made lots of mistakes. But we made it through to the other side.
I learned some valuable lessons from that experience about how to get through times like these, and I have compiled them into a list of tips, which I invite you to download here. I hope that my hard-earned lessons can make things at least a bit easier for you and your family during this crisis.
First, we are remaining calm. Statistically speaking, we are all still much more vulnerable to the flu
than to Coronavirus. However, since caution and good hygiene are never bad ideas, here are the steps we’re taking at WGV to minimize risk to ourselves, our clients, and other visitors to our office:1. No more toys (for now).
When flu and coronavirus seasons have passed, we’ll bring the toys back to the lobby (we always disinfect the toys daily). In the meantime, please either leave your child with a caregiver outside the office during your appointments, or bring toys to keep them occupied while here. Click here for our general policy on kids in the office
.2. Meet with us by phone or video call.
When we were kids, video calls were Star Trek fantasy. But the future is now, baby, and video calls are easy! Just let us know if you’d like to meet on video, and we’ll send you a link by text or email that makes it very easy. And of course, old fashioned phone calls are often a great way to meet too. We ask that you please STAY HOME if you have flu or virus symptoms. We will be happy to meet with you by phone or video call if you’re feeling bad.3. Scan, email, or fax your documents to us.
It’s easy to send us your documents using nothing more than your smart phone. Click here for info on apps and tools you can use on your phone to make clear digital copies of your original documents.
(This is a great idea for immigration emergency planning as well.)
Of course, don’t forget to wash your hands frequently. Stay safe, everyone!
Many people have a poor understanding of what is meant by “freedom of speech” in the United States. There are many legal limitations that apply to “freedom of speech” and this is especially true for non-citizens. Therefore, if you have an immigration case, please know that the government will be scouring your social media pages, including Facebook, Twitter, Instagram, What’sApp, and many others. PLEASE do not post anything online that could put your case at risk, such as comments about drugs, crime, or violence, or even jokes that could be seen as degrading toward any group such as women, members of a particular religion, or minorities. And for heaven’s sake, DO NOT post pictures of yourself engaging in illegal activity! After you become a citizen, you can exercise freedom of speech more fully, but until then, please follow the “Grandma Rule”* with your social media activity (*if your grandmother would like it, it’s probably o.k.)!
If you need more information or are concerned about your social media presence, email us or call us at 512-633-1785 to make an appointment.
The term “Expedited Removal” defines a process whereby undocumented immigrants can be deported from the United States by agents of the Department of Homeland Security, instead of by an immigration judge, and without the right to apply for relief from deportation. On July 22, 2019, the Trump administration announced that it would begin applying the rules of “expedited removal” to undocumented immigrants across the United States. Previously, this process was applicable only to individuals found within 100 miles of a border or port of entry to the USA, who did not have a visa, or who committed fraud or misrepresentation, and who could not show at least 14 days of physical presence.
People who claim fear of persecution in their home country, or who can provide evidence of at least two years of presence in the USA are not subject to expedited removal. Therefore, if you are undocumented, it is critical to prepare and carry copies of documentation evidencing your time in the United States. For example, copies of official documents such as birth certificates of U.S. born children, marriage certificates issued in the USA, bills, insurance records, receipts, vehicle transfers and titles, and tax returns are good evidence of physical presence in the United States. It is important to not carry false social security numbers or other false identification, and it is best to leave at home any and all identification issued by a foreign government. For a specific plan and documentary packet, please contact Walker Gates Vela PLLC at (512) 633-1785 for a consultation.
Whether you are petitioning for a family member, applying for naturalization, defending yourself against deportation, or serving as a co-sponsor for another immigrant, there are many circumstances that require the Department of Homeland Security to scrutinize your tax records.
Here at WGV, we have seen many tax documents with errors and omissions, some of which have cost our clients many thousands of dollars to rectify, plus subjected them to fines, penalties, and findings that they lack good moral character. With tax season now in full swing, here are five tips to keep in mind if you or a loved one are an immigrant tax filer in the United States.
You do not need to have a social security number to file taxes
All workers in the United States – whether authorized or not – are able to file tax documents with the IRS. If you do not have a valid social security number, you may apply for an “ITIN” or “Individual Tax-Payer Identification Number” when you file your return. The ITIN will substitute for a social security number on your taxes, though including it may render you or your spouse ineligible for certain benefits.
You should not file as “Head of Household” if you live with your spouse
Many spouses of undocumented individuals file as “Head of Household” even though they are married and living with their spouse. While there are many tax benefits granted to persons filing as “Head of Household,” this filing status is essentially a declaration that you are either single or residing separately from a spouse. If you need to convince the immigration service that you are residing with your spouse in a good faith marriage, having tax returns filed as “Head of Household” works against you and could even be considered fraudulent.
Do not declare Dependents unless you have paid at least 50% (half) of that person’s living expenses
In order to legitimately claim a dependent on your tax return, you need to be able to prove that you have provided, during the tax year, at least 50% of that person’s living expenses. Naming relatives on your tax return as dependents in order to maximize a tax refund is illegal and a bad idea for anyone trying to avoid problems with the IRS or DHS.
Do not declare children for the Child Tax Credit unless they are living with you
To properly claim a child for the Child Tax Credit, the child must physically reside with you, be younger than 17 years, unmarried, and dependent on you for care. Do not claim your children if they are living outside your home.
Beware of tax preparers who promise big refunds
At WGV, we have seen that some tax preparers routinely file returns for clients with the objective of maximizing the tax refund. In order to do so, the preparer often includes questionable dependent information, designates an improper filing status (e.g. “single,” “head of household,” etc.), or includes children that do not reside with the filer.
This approach often leaves clients vulnerable to fines, penalties, and even potential criminal charges, while the preparer him or herself faces little to no liability. Beware of tax preparers who do not conduct a complete interview each year to see how your circumstances may have changed, or who encourage you to claim dependents or children that are not legitimately yours to claim. You should NEVER sign a blank tax return – always insist on seeing the tax preparer’s work. Also be wary of tax preparers who offer to prepare and file immigration documents for clients, as doing this is a crime unless the person is an attorney or accredited by the government for non-profit work.
WGV encourages clients to work with well-established, accredited, and reputable tax preparers. For a listing of tax preparers and their credentials in your area, visit https://irs.treasury.gov/rpo/rpo.jsf.