Working without authorization in the United States does not exempt individuals from declaring taxes to the IRS, and doing so can make a crucial difference in an immigration process. This warning was issued by John Dutton, from the immigration law firm John Dutton Law PLLC, in Houston, Texas, in an interview with Tania Costa for CiberCuba.
The question that motivated the exchange is one of the most common among the Cuban community in that state: if someone worked without a work permit, are they required to file their taxes?
Dutton's response was straightforward: "The most important thing regarding 'taxes' is that someone should consult their accountant before doing anything."
Beyond that initial recommendation, the lawyer emphasized that the tax obligation exists regardless of immigration status. "If a person worked for a certain period in the United States, even if they had a work permit for one month, two months, and the person received a W-2 or a 1099, they must and have to report their taxes to the IRS."
The IRS states that those who do not qualify for a Social Security number can meet that requirement using an ITIN (Individual Taxpayer Identification Number), which can be requested using the W-7/SP Form with the IRS. This number does not grant work authorization nor does it change immigration status, but it allows one to meet their tax obligations.
Another key point of the legal advice relates to interviews with the U.S. Citizenship and Immigration Services (USCIS). Dutton was emphatic: his clients should never lie about whether they worked or not.
"We have advised our clients never to lie, to essentially say that they received a work permit and that they worked during the time that permit specified, and that their employer kept them employed, but to never lie about not having done so, because that could be unfavorable."
The strategy has yielded results. "Up to today, our clients, to be honest, have said that they have worked even though they did not have that work permit; they have been residents," Dutton stated.
One aspect that many Cubans are unaware of is that working without authorization does not automatically cancel the possibility of adjusting status under the . "Just because you are working without a work permit does not prevent you from being eligible for the Cuban Adjustment," Dutton clarified. His colleague De Rojas confirmed this: "Having worked without a work permit does not make you ineligible for status adjustment under the Cuban Adjustment Act."
In that scenario, the tax declaration can become a determining factor in front of a judge. De Rojas explained that the courts weigh both elements. "As for the Court, judges can consider: okay, you worked without permission, but you paid taxes. So, one thing can balance the other."
The greatest risk, De Rojas warned, is the opposite combination: having worked without permission and also not having reported taxes. That, he said, "could indeed be harmful."
This context is particularly relevant for Cubans with I-220A documents seeking residency in Texas, many of whom found themselves in unauthorized employment after the mass revocation of work permits in 2025. In 2026, USCIS reactivated status adjustment interviews for some Cubans with I-220A, making it even more urgent to have their tax situation in order before appearing before an immigration officer or judge.
Si tienes dudas sobre cómo tu situación laboral puede afectar tu proceso migratorio, sigue de cerca los últimos desarrollos en nuestra sección de , donde encontrarás información actualizada y orientación de expertos.
To contact John Dutton:
https://www.emigrandousa.com
Phone 713 359 9302
WhatsApp 832 702 0225
Email info@houston-immigration.com
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