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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108615
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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In the event of taxes owed, after a failed OIC the resident

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In the event of taxes owed, after a failed OIC the resident approach the IRS and have the case reopened? Will it put the resident in jeopardy as they are opting to one creditor?
Do you anticipate the problem becoming a criminal issue? If so, what exactly would they be charged with?
Customer: replied 3 years ago.

Hello Guillermo,


No, I do not anticipate this being criminal. The only facts that I have are that the first OIC was agreed upon the dollar amount was paid but the 5 years of paying taxes was 2 years short. Two years and it would have been cleared.


I asked about going to an attorney but the money is not available to try to reopen the case and have the two missed years included. They missed because the money owed to the Feds was more than what could be paid due to job loss.


The reason the question is asked is can a chapter 7 be re-opened and all creditors go after the debtor if the IRS is approached to resolve the case.


Well, let me first be clear about something since your question ended up in the U.S. immigration law forum, are you asking in the context of if a person could be deported, lose Lawful Permanent Residency, or be denied U.S. Citizenship because of this issue? Also, how much money is owed to the IRS? And I assume there is no fraud involved?
Customer: replied 3 years ago.

the amont agreed upon with the OiC was about 100k.

they (irs) agreed to 10,000.

the question was originally for citizenship but now it seems like keeping permanent rssidence.

And how did he end up owing this money? Was there any fraud involved?
Customer: replied 3 years ago.

Sorry for the delay. I am playing 'phone tag. Fraud as not declaring income etc, no. Nor any other type of fraud. Self employed and with a varying income over the years. This goes back to the 90's.

No accountant, and when one was acquired he began the process.


As I have been told the actual IRS agent handling the case was extremely helpful.

When the first letter (I believe there were letters after OIC failure) the accountant claimed he contacted the IRS and this agent in particular. The agent stated that he did not get any message and that everything they received was via mail or phone call was transcribed and recorded.

Ok. Then that's ok. That tells me that U.S. Lawful Permanent Residency would not be in danger. As far as U.S. Citizenship in the future, as long as the debt is under repayment and it can be proven that the debt it being faithfully paid back, then it should not cause a denial of U.S. Citizenship. Of course, it would be best if the debt was paid back before applying for U.S. Citizenship, but it isn't required, just proof that the debt is being faithfully paid back as per an agreement with the IRS. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to Thank you!
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