10 Tax Mistakes Immigrants Make in the United States (And How to Avoid Them)
Mistakes That Are Costly, Preventable, and Very Common
Every year, many of us across the United States make tax mistakes that cost money, create legal complications, or trigger IRS notices that take months to resolve. Almost none of these mistakes happen because of dishonesty or carelessness. They happen because the U.S. tax system is genuinely complex and because no one explained the rules clearly.
This guide is about prevention. Understanding the most common mistakes before you make them is far easier — and far less expensive — than fixing them afterward.
Mistake 1: Not Filing a Tax Return at All
This is the most serious tax mistake we can make.
Many of us assume — incorrectly — that without a Social Security Number, or without documentation, or without receiving the correct forms from an employer, we do not need to file taxes.
This assumption is wrong. And acting on it can have serious consequences.
The obligation to file a federal tax return is based on income level — not immigration status, not documentation, and not whether you received the correct forms from your employer.
If you earned income above the filing threshold — approximately $14,600 for a single filer in 2024 — you are generally required to file.
What happens if you do not file:
The IRS may eventually file a return on your behalf — called a substitute for return — using whatever income information they have. This return will use the least favorable deductions and filing status, resulting in the maximum possible tax bill. Interest and penalties are added on top.
Additionally, tax filing history is frequently requested during immigration proceedings. Missing years of returns can raise serious questions during green card applications, visa renewals, and naturalization processes.
What to do:
File a return for every year you are required to. If you have missed prior years, file those returns as soon as possible. The IRS has programs for dealing with late returns, and coming into compliance voluntarily is significantly better than having the issue discovered later.
Mistake 2: Filing as a Non-Resident When You Are Actually a Resident for Tax Purposes
This mistake is common among immigrants who arrived a few years ago but are still filing as non-residents because they are not yet permanent residents or citizens.
Here is the misunderstanding: tax residency is not the same as immigration residency.
You do not need a green card to be a tax resident. If you have been in the United States for enough days to meet the IRS Substantial Presence Test, you are classified as a resident alien for tax purposes — even on a temporary visa.
Why this matters:
Non-resident aliens file Form 1040-NR and are taxed only on U.S.-source income. Resident aliens file Form 1040 and are taxed on worldwide income. Filing the wrong form means reporting income incorrectly — and potentially under-reporting it, which can trigger penalties.
What to do:
Before filing each year, determine your tax residency status using the Substantial Presence Test. If you are uncertain, a tax professional familiar with international situations can help. The IRS website also provides tools and worksheets for this calculation.
Mistake 3: Failing to Report Foreign Income
This is one of the most commonly misunderstood areas of U.S. tax law for us, and the consequences can be significant.
The United States taxes its tax residents on worldwide income. This means income earned in any country is potentially subject to U.S. tax — not just income earned here.
Many of us with income from our home countries believe it is not reportable because it was earned elsewhere, or because taxes were already paid on it abroad. Both assumptions can be wrong.
What must be reported:
For resident aliens, the following foreign income is generally reportable: wages or salary earned abroad, freelance or business income from foreign clients, rental income from property in your home country, interest and dividends from foreign accounts, and pension income from a foreign employer.
The Foreign Tax Credit:
The U.S. has a mechanism to prevent double taxation. If you paid taxes on income in a foreign country, you may be able to claim a Foreign Tax Credit using IRS Form 1116, which reduces your U.S. tax by the amount paid abroad. This often significantly reduces or eliminates the U.S. tax on foreign income.
What to do:
Report all foreign income on your U.S. tax return and claim the Foreign Tax Credit where applicable. Do not assume foreign income is invisible to the IRS. Tax information-sharing agreements between countries have expanded significantly, and the IRS has increasingly sophisticated means of identifying unreported foreign income.
Mistake 4: Failing to Report Foreign Financial Accounts (FBAR)
Separate from reporting foreign income, there is an additional requirement that many of us are completely unaware of: the Foreign Bank Account Report, commonly called the FBAR.
If you are a U.S. tax resident with financial accounts outside the United States, and the combined value of those accounts exceeds $10,000 at any point during the calendar year, you are required to file an FBAR.
The FBAR is filed separately from your tax return using FinCEN Form 114, submitted online through the Financial Crimes Enforcement Network website. The deadline is April 15, with an automatic extension to October 15.
The penalties for failing to file:
Non-willful failure to file can result in penalties of up to $10,000 per violation. Willful failure can result in penalties of up to $100,000 or 50 percent of the account balance per violation — as well as potential criminal prosecution.
These penalties may seem severe for what feels like a paperwork issue. But the IRS treats foreign account reporting very seriously.
What to do:
If you have bank accounts, investment accounts, pension accounts, or other financial accounts outside the United States, track their balances throughout the year. If the combined balance exceeds $10,000 at any point, file the FBAR by the deadline. There is also a related form — Form 8938 — filed as part of your tax return, which reports certain foreign financial assets above specific thresholds. A tax professional can ensure you meet both obligations.
Mistake 5: Missing the Earned Income Tax Credit Due to ITIN Filing
The Earned Income Tax Credit (EITC) is one of the most valuable tax benefits available to lower and moderate-income workers. For a worker with two children, it can be worth over $6,000.
Many of us who file with an ITIN do not know we are ineligible for the EITC — and either miss planning around this or believe we claimed it when we did not.
There is an important opportunity here though: if you later obtain a Social Security Number, you may be able to go back and claim the EITC for prior years when you had earned income and a valid SSN. The IRS allows claims within certain time limits.
What to do:
If you are currently filing with an ITIN and expect to obtain an SSN in the future, keep this in mind. When you receive your SSN, consult a tax professional about whether you qualify to file amended returns claiming prior-year EITC amounts. If you already file with an SSN and have qualifying income, make sure you are claiming this credit — many eligible workers do not.
Mistake 6: Claiming Dependents Incorrectly
Many of us support family members both here and abroad. Whether those family members can be claimed as dependents on a U.S. tax return is complicated — and errors are common.
To claim someone as a dependent, they must generally be either a qualifying child or a qualifying relative, with requirements around relationship, residency, income, and financial support. For family members living outside the United States, the rules are much more restrictive. In most cases, dependents must have lived in the United States, Canada, or Mexico for at least part of the year.
Common errors include claiming foreign-residing family members who do not qualify under U.S. tax law, and claiming the Child Tax Credit for children without Social Security Numbers — which is not permitted.
What to do:
Before claiming anyone as a dependent, verify they meet the IRS requirements. Ensure any child for whom you claim the Child Tax Credit has a valid SSN. If you have questions about specific family situations, a tax professional can provide clarity.
Mistake 7: Incorrect Treatment of Self-Employment Income
Many of us work as independent contractors, freelancers, or informal self-employed workers — driving for rideshare companies, cleaning homes, doing construction, providing translation services, or running small businesses.
This income is fully taxable — but it is taxed differently from employee wages, and many self-employed immigrants are unaware of the full scope of their obligations.
The self-employment tax:
When you work as an employee, your employer pays half of your Social Security and Medicare taxes. When you are self-employed, you pay both halves — a combined self-employment tax rate of 15.3 percent on net self-employment income, in addition to income tax.
Many of us filing taxes for the first time are surprised by this bill because we were not setting aside money throughout the year.
Quarterly estimated payments:
Self-employed individuals are generally required to make quarterly estimated tax payments to the IRS throughout the year using Form 1040-ES. Failing to do so may result in an underpayment penalty.
Deductible business expenses:
Self-employed individuals can deduct legitimate business expenses from taxable income — tools and equipment, business-related travel, a portion of phone expenses, business insurance, and other costs directly tied to earning income. Keeping records throughout the year reduces your taxable income and your tax bill.
What to do:
Set aside approximately 25 to 30 percent of your net self-employment income for taxes throughout the year. Make quarterly estimated payments. Keep records of all business expenses. A tax professional with experience in self-employment can help you identify deductions and stay compliant.
Mistake 8: Ignoring State Tax Obligations
Federal taxes receive most of the attention — but state tax obligations are real and can be significant.
Some of us focused on the federal return miss the requirement to file a state return entirely, file in the wrong state, or miss the state deadline. Common errors include failing to file a state return where one is required, filing in only one state when you lived or worked in multiple states, and missing state-specific credits and deductions.
What to do:
Identify which state or states you lived and worked in during the tax year. Research whether each requires an income tax return. File where required. Most tax software automatically prepares state returns alongside federal returns, which simplifies this significantly.
Mistake 9: Falling for Tax Scams
Tax scams disproportionately target immigrant communities — and the harm they cause can be significant.
IRS impersonation calls. Scammers call claiming to be IRS agents and demand immediate payment, threatening arrest or deportation. The IRS does not initiate contact by phone to demand immediate payment. If you receive such a call, hang up.
Fraudulent tax preparers. Some unscrupulous preparers promise inflated refunds, charge excessive fees, or file incorrect returns that expose clients to penalties. Choose a tax preparer carefully. Use the IRS website to find authorized preparers, or use free services like VITA.
Ghost preparers. These are preparers who refuse to sign the returns they prepare. A legitimate paid preparer must sign your return and provide their Preparer Tax Identification Number (PTIN). A return prepared by someone who refuses to sign is a serious red flag.
Fake charities. Around tax time, fake charities solicit donations and promise deductions. Verify any charity using the IRS Tax Exempt Organization Search tool before making a deductible donation.
What to do:
Never sign a blank tax return. Never agree to have a refund deposited into someone else’s account. Verify preparer credentials before sharing any personal information.
Mistake 10: Not Keeping Tax Records
After filing, many of us simply discard the paperwork. This is a mistake that can cause real problems if questions arise later.
The IRS generally has three years from the filing date to audit a standard return, and six years if it believes there is a substantial understatement of income. In cases of fraud, there is no time limit.
Keep your tax records — including the filed return and all supporting documents — for at least seven years.
Tax records also serve important purposes beyond the IRS. Immigration applications frequently request multiple years of returns. Loan and rental applications may ask for income verification. Having organized records protects you in all of these situations.
What to do:
After filing, save a digital or physical copy of your complete return and all supporting documents. Organize records by year so they are easy to access when needed.
Getting Help Is Not a Weakness
The U.S. tax system is genuinely complicated. Even well-educated Americans with strong English skills frequently make tax mistakes or rely on professional help to file correctly.
For those of us navigating a new system in a new language — often while managing many other challenges — asking for help is not a weakness. It is a smart decision.
Free resources like VITA exist precisely because the government recognizes that many people need assistance. Using these resources is not an admission of failure. It is the intelligent use of available support.
If your situation involves foreign income, foreign accounts, self-employment, multiple states, or dual-status issues, investing in professional tax help for at least your first few years of filing is money very well spent.
The goal is to pay exactly what you owe — not more, not less — to stay compliant with the law, and to protect the financial and immigration future you are building here.
Knowledge Prevents the Mistakes That Cost the Most
Every mistake in this guide is preventable. Not one requires a law degree or advanced financial knowledge to avoid. They require only clear information — which you now have.
File every year when required. Know your residency status. Report all worldwide income. Understand your FBAR obligations if you have foreign accounts. Claim the credits you are entitled to. Pay your self-employment taxes. File your state return. Protect yourself from scams. Keep your records.
These principles, followed consistently, will keep you in compliance with U.S. tax law and protect both your finances and your future here.
The four guides in this tax series have given you a foundational understanding of how the U.S. tax system works, what identification you need, how to file your return, and how to avoid the most costly mistakes. Continue building with MARVODYN’s guides on banking, credit, and investing — the complete financial foundation that every one of us deserves.

