Services for Immigration Lawyers

Services for Immigration Lawyers and their Clients

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We are were “Immigration and Tax Meet.” Sam Rock is an nationally recognized expert in the area of tax issues for immigrants. He is both an immigration and tax lawyer. He frequently provides training to other immigration lawyers and publishes articles that involve the the intersection of U.S. income taxation and immigration law. For over 10 years Sam Rock owned a tax preparation business that serviced the Spanish speaking population. Later he was employed as the Director of Individual Taxpayer Identification Number (ITIN) initiative of a national publicly traded tax preparation service. During his years of experience he learned the scams that can give rise to challenges to good moral character in an immigration case. He has published several articles on tax preparer fraud and diligence standards.

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Most of our clients who need our forensic expertise come from referrals from immigration lawyers who want to ensure that their clients are tax complaint. We have the experience to review your clients returns, if filed, to amended non-compliant returns, and will prepare an expert letter for the Immigration Court, CIS or Consulate so that you can put your best case forward.

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In some cases, we identify clients who can amend their tax returns to claim refunds for prior years. Most of the claims for prior year refunds are situations where the client and/or family members obtain Social Security Numbers through a valid immigration process. These funds can be substantial and can be used to pay for the immigration lawyers’ fees.

These are the services we typically provide in conjunction with immigration counsel.

1. Helping Clients Become Tax Compliant

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Immigration lawyers should recognize that there are both offensive and defensive aspects of your immigration clients’ tax situation. The defensive situations arise when your clients’ tax returns have inappropriate claims or were filed in manner that could implicate the good moral character of your client in removal or in a proactive benefits case or other wise jeopardize the case before DHS. In these cases you need someone with experience in both the tax preparation and as an immigration lawyer. Sam Rock years of experience in both areas. The majority of his practice is now dedicated to assisting immigration lawyers with their clients’ returns. He has authored various articles for the American Immigration Lawyers Association and other periodicals, including a leading tax journal, gives presentations for AILA and non-profit organizations and is clearly one of the leading resources as the intersection of immigration law and income tax. Sam has been an outspoken critic of the low income tax preparation industry and fraudulent preparers.

Common problems are:

  • One or both spouses filing as Head as Household when the spouses lived together.
  • The USC/LPR spouse filed as Head of Household when the spouses lived together. Taxpayers inappropriately file in this status to preserve the Earned Income Tax Credit (EITC). Taxpayers who file Married Filing Jointly when one spouse has an Individual Taxpayer Identification Number are ineligible to claim the EITC.
  • Claiming dependents who are not dependents. Note certain family member can be claimed as dependents if the dependent lived in Mexico or Canada.
  • Undocumented tax filers claimed the Child Tax Credit for dependents even though the dependent did not live with the taxpayer for more than 1/2 of the tax year.

2. Retroactive Refunds and Payment of Lawyer Fees

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Immigration cases also involve situations that we characterize as offensive tax situations when your clients would be entitled to substantial tax refunds. The most common way is for tax clients to claim the Earned Income Tax Credit for prior years after never filed returns or filing with an ITIN. Immigration lawyers should advise all clients who receive SSN’s for themselves and their families by virtue of adjustment of status, consular processing, deferred action, Temporary Status, or any other immigration benefit that the client could be eligible to retroactively claim these tax benefits, and they should let us screen the returns to determine whether there are retroactive refunds to be claimed.

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Our service is simple. We receive referrals from all over the United States. So your clients do not need to come into our office. We just need the forms and other documentation from your clients. Your office must send us the attorney referral form below and copies of any tax returns of the client and spouse that have been filed. After we receive the form we will determine whether we need additional documentation from the client, including our internal intake sheets and proof of residency of certain dependents. The client must send us $250 to analyze the situation. Immigration lawyers click here for Attorney Referral Brochure.doc
Immigration lawyers click here for Attorney Referral Form.pdf

3. Referral Fee and Fee Sharing

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Often lawyers ask us about fee sharing and referral fees. Tax preparation and representation of individuals before IRS is not the practice of law according to the Internal Revenue Code and Circular 230. It is common practice of tax preparers to pay referral fees. However, we have a policy of not paying referral fees unless the lawyers will be actively involved in obtaining the information that we need to handle a particular case and client. The lawyers should bill their clients independently for the time that it takes the lawyer to work with us on a case.