The ABL-920 form, titled "Verification of Lawful Presence in the United States," is a critical document for sole proprietors in South Carolina, mandated by SC Code Section 8-29-10 and Title 61. Sole proprietors must complete this form to affirm their immigration or citizenship status under penalty of perjury, ensuring they are legally authorized to conduct business. Failure to accurately complete the ABL-920 form can result in application denial, license revocation, or legal penalties. Don't delay in securing your business's compliance; click the button below to begin filling out your form.
In navigating the complexities of establishing or maintaining a sole proprietorship in South Carolina, the ABL-920 form emerges as a pivotal document mandated by the state's Department of Revenue. This form serves as a crucial affirmation of a sole proprietor's lawful presence in the United States, in accordance with both SC Code Section 8-29-10 and Title 61. As potential business proprietors prepare this document, they must declare their immigration status by choosing among options that define them as a United States citizen, a legal permanent resident, a qualified alien under the Federal Immigration and Nationality Act, a foreign citizen residing in a specified country, or another status warranting further explanation. This process involves not just self-declaration but also necessitates the attachment of pertinent immigration documents to corroborate the claimed status. Beyond initial submissions, the ABL-920 demands vigilance from sole proprietors regarding any shifts in their citizenship or immigration status, underscoring the ongoing nature of compliance. What elevates the significance of this form, moreover, is the stringent penalty associated with any fraudulent claims therein; making a willful false statement not only jeopardizes the application but constitutes a felony, exposing the individual to possible fines or imprisonment. This underscores the combined weight of accuracy, honesty, and legal adherence carried by the ABL-920 in the broader context of business licensure and operations within South Carolina.
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dor.sc.gov
STATE OF SOUTH CAROLINA
DEPARTMENT OF REVENUE
VERIFICATION OF LAWFUL PRESENCE IN THE
UNITED STATES
ABL-920
(Rev. 8/13/21)
4382
Mail to: SCDOR, ABL Section, PO Box 125, Columbia, SC 29214-0907
Email: ABL@dor.sc.gov
Only Sole Proprietors must complete this form, as required by SC Code Section 8-29-10 and Title 61.
I,
of
,
Print clearly first, middle, and last name
Home address (no PO box)
City
State
ZIP
being first duly sworn, deposes and state the following:
Name change/alias:
Yes
No
If yes, list:
Check ONLY one box: See Instructions and Definitions for accepted documents. Principals must be at least 21 years old.
1. I am a United States Citizen.
2. I am a Legal Permanent Resident.
3. I am a Qualified Alien under the Federal Immigration and Nationality Act, Public Law 82-44.
4. I am a Foreign Citizen, and resident of
Country of residency
and reside at
5. Other (Explain):
City, State, and ZIP
Date of birth (mm/dd/yyyy)
Alien Registration number
YOU MUST ATTACH A COPY OF ALL IMMIGRATION DOCUMENTS
This affirmation must be completed by all sole proprietors, or the application will be denied. This affirmation will also apply during any renewal. Any change in immigration or citizenship status must immediately be reported to the SCDOR. Willfully making a false statement on this affirmation is a felony, punishable by fines and/or imprisonment.
Under penalty of perjury and recognizing that I am subject to the criminal and civil penalties imposed by Title 12 of the South Carolina Code of Laws, I declare that I have examined this affirmation and to the best of my knowledge and belief, it is true, correct, and complete.
I understand that a misstatement or concealment of fact in an application is sufficient grounds for the revocation of the license and/or permit. Under penalties of perjury, I declare that I have read and understood this form and the information I have provided herein is true, correct, and complete.
Principal's Signature
Date
43821024
Instructions and Definitions
Check box 1 –
If you are a US Citizen by birth or naturalization.
Check box 2 –
If you are a legal permanent resident and you are not a US citizen, but are residing in the US under legally recognized and lawfully recorded permanent residence as an immigrant.
PROVIDE A COPY OF ALL IMMIGRATION DOCUMENTS.
Check box 3 –
If you are a qualified alien. You are a qualified alien if you are:
•an alien who is lawfully admitted for permanent residence under the INA;
•an alien who is granted asylum under Section 208 of the INA;
•a refugee who is admitted to the United States under Section 207 of the INA;
•an alien who is paroled into the United States under Section 212(d)(5) of the INA for a period of at least 1 year;
•an alien whose deportation is being withheld under Section 243(h) of the INA (as in effect prior to April 1, 1977) or whose removal has been withheld under Section 241(b)(3);
•an alien who is granted conditional entry pursuant to Section 203(a)(7) of the INA as in effect prior to April 1, 1980;
•an alien who is a Cuban/Haitian Entrant as defined by Section 501(e) of the Refugee Education Assistance Act of 1980;
•an alien who has been battered or subjected to extreme cruelty, or whose child or parent has been battered or subject to extreme cruelty.
Check box 4 –
If you are a non-immigrant alien who seeks temporary entry to the US for a specific purpose. You must have a permanent residence abroad (for most classes of admission) and qualify for the non-immigrant classification sought. The non-immigrant classifications include:
•foreign government officials,
•visitors for business and for pleasure,
•aliens in transit through the US,
•treaty traders and investors, students,
•international representatives,
•temporary workers and trainees,
•representatives of foreign information media,
•exchange visitors, fiancé(e)s of US citizens,
•intracompany transferees,
•NATO officials,
•religious workers, and some others.
Most nonimmigrants can be accompanied or joined by spouses and unmarried minors (or dependent) children.
Accepted Immigration Documents:
•Unexpired Foreign passport with I-551 stamp or attached INS Form I-94 indicating unexpired employment authorization
•Alien Registration Receipt Card with photograph (INS Form I-151 or I-551)
•Unexpired Temporary Resident Card (INS Form I-688)
•Unexpired Employment Authorization Card (INS Form I-688)
•Unexpired Reentry Permit (INS Form I-327)
•Unexpired Refugee Travel Document (INS Form I-571)
•Unexpired Employment Authorization Document issued by the INS which contains a photograph (INS Form I-688B)
43822022
Once a sole proprietor decides to take the next step in verifying their lawful presence in the United States for the purpose of obtaining or renewing a license or permit, completing the ABL-920 form as mandated by the State of South Carolina becomes essential. This process might appear daunting, but by following a clear, step-by-step guide, sole proprietors can navigate through the form with ease. It's crucial to approach this task with attention to detail, ensuring that all information is accurate and up-to-date. Prior to starting, gather all required documents, specifically those related to immigration status, as they will need to be attached to the form. Following completion, submitting the form to the Department of Revenue marks a critical step towards compliance with state laws regarding business operation.
After completing all the necessary steps and ensuring all the required documents are attached, the form should be sent to the South Carolina Department of Revenue. This action complies with the regulations set forth for the verification of lawful presence in the United States, maintaining the validity of the sole proprietor's business operations within the state. Timely and accurate submission of the ABL-920 form and the attached documentation will facilitate a smoother process for both the applicant and the reviewing department.
What is the ABL-920 form?
The ABL-920 form, also known as the Verification of Lawful Presence in the United States, is a document necessary for sole proprietors in South Carolina. It serves to verify the immigration or citizenship status of individuals applying for a specific type of business license. The form requires applicants to affirm their lawful presence in the U.S. and provide documentation to support their status.
Who needs to complete the ABL-920 form?
Only sole proprietors are required to complete the ABL-920 form as part of their business licensing process in South Carolina. This requirement is mandated by SC Code Section 8-29-10 and Title 61, aiming to ensure that business licenses are granted to individuals legally residing in the United States.
What types of immigration statuses are recognized on the ABL-920 form?
The ABL-920 form recognizes several immigration statuses, including U.S. Citizens, Legal Permanent Residents, Qualified Aliens (as defined by the Federal Immigration and Nationality Act), Foreign Citizens with a temporary purpose for being in the U.S., and other statuses that require an explanation. Applicants must check the box corresponding to their status and provide necessary immigration documents as proof.
What documentation is required with the ABL-920 form?
Applicants must attach copies of all relevant immigration documents to the ABL-920 form. Depending on their status, this can include an unexpired foreign passport with an I-551 stamp or attached INS Form I-94 showing unexpired employment authorization, Alien Registration Receipt Card, Temporary Resident Card, Employment Authorization Card, Reentry Permit, Refugee Travel Document, or an unexpired Employment Authorization Document that contains a photograph.
What are the consequences of making a false statement on the ABL-920 form?
Willfully making a false statement on the ABL-920 form is considered a felony, subject to fines and/or imprisonment. The state of South Carolina takes the veracity of the information provided on this form very seriously, reflecting its importance in the licensing process.
Can the ABL-920 form affect my business license renewal?
Yes, the affirmation made on the ABL-920 form applies not only at the time of application but also during any renewal processes. Any change in immigration or citizenship status must be immediately reported to the South Carolina Department of Revenue (SCDOR). Failing to maintain lawful presence or providing false information can result in the revocation of the business license.
Where do I submit the ABL-920 form?
The completed ABL-920 form, along with all necessary documentation, should be mailed to the SCDOR, ABL Section, PO Box 125, Columbia, SC 29214-0907. Alternatively, forms can be emailed to ABL@dor.sc.gov, providing a convenient option for submission.
Filling out the ABL-920 form, a requirement for sole proprietors verifying lawful presence in the United States for the South Carolina Department of Revenue, can sometimes be daunting. People often make mistakes due to oversight or misunderstanding the instructions. One common error is ignoring the specific requirement that a home address must be provided, and not a P.O. Box. This detail is crucial for ensuring that all correspondence reaches the individual directly.
Another frequent mistake is not providing a name change or alias if applicable. This detail is vital for the verification process and ensuring that all records are accurate and up to date. Without this information, there can be delays or complications in verifying lawful presence.
Choosing the incorrect status box is a significant mistake that many people make. Each box corresponds to a different legal status, and it's essential to read the instructions carefully to determine which one accurately represents the individual's current situation. Misrepresenting one’s status, even unintentionally, can lead to severe consequences.
Not attaching copies of all required immigration documents is another oversight. The form explicitly asks for these documents to accompany the submitted ABL-920 form. Failure to attach these documents can result in an incomplete application, causing delays or denial of the application.
Overlooking the age requirement stipulated in the form is a mistake some applicants make. Principals must be at least 21 years old to complete this form. This requirement ensures that the applicant is of legal age to conduct business as a sole proprietor in the state.
Not reporting any change in immigration or citizenship status immediately to the SCDOR is a critical oversight. The form requires current and accurate information to remain valid, and any changes in status can affect the individual’s legal ability to operate as a sole proprietor in South Carolina.
Failure to sign the form under penalty of perjury is a common yet overlooked mistake. This signature is a legal attestation that the information provided on the form is true, correct, and complete to the best of the individual's knowledge. An unsigned form is considered invalid and will not be processed.
Finally, a general misunderstanding of the form’s purpose and requirements leads to various mistakes. Reading through the instructions and definitions carefully before filling out the form can prevent these errors. The ABL-920 is not just a formality but a legal document that requires accurate and honest disclosure of one’s lawful presence in the United States.
In navigating the complexities of affirming lawful presence in the United States, particularly for sole proprietors, the ABL-920 form serves as a crucial starting point. This document, mandated by the South Carolina Department of Revenue, ensures compliance with state and federal regulations regarding immigration status. However, this form does not stand alone in the verification process. Several additional forms and documents often accompany the ABL-920 form, each playing a vital role in creating a comprehensive legal framework for business operation.
Together, these forms and documents underscore the multifaceted nature of establishing and maintaining a lawful business presence in the U.S. Beyond the initial verification of legal status via the ABL-920, individuals must navigate tax identification, employment authorization, and potentially, business structuring and licensing. Each document interlocks with the others to create a legal scaffolding, enabling individuals to operate with the assurance that they comply with the comprehensive array of relevant laws and regulations.
The I-9 Employment Eligibility Verification form shares similarities with the ABL-920 form, primarily because both require verification of an individual's legal status in the United States. Where the ABL-920 form is specific to sole proprietors verifying their lawful presence for alcohol licensing purposes in South Carolina, the I-9 form is used by employers nationwide to verify the identity and employment authorization of individuals hired for employment. Both forms necessitate documentation to prove the individual's legal status in the U.S., though the I-9 includes a broader range of documents and applies to all employees, not just sole proprietors.
The W-7 Application for IRS Individual Taxpayer Identification Number (ITIN) also bears resemblance to the ABL-920 form in its requirement for immigration status documentation. The W-7 form is used by individuals who are not eligible to obtain a Social Security Number (SSN) to apply for an ITIN for tax reporting purposes. Like the ABL-920, it necessitates that individuals provide proof of their foreign status and identity, albeit for different reasons – the W-7 for tax identification and the ABL-920 for verifying lawful presence for business licensing.
Similar to the ABL-920, the DS-160 Online Nonimmigrant Visa Application requires applicants to provide detailed information on their immigration status. The DS-160 form is used for individuals applying for a temporary visa to the United States and includes questions about the applicant's background, purpose of visit, and residency status. Both forms serve as a means to vet individuals’ eligibility based on their legal status in the U.S., though the DS-160 focuses on entry into the country while the ABL-920 verifies legal presence for state-specific licensing purposes.
Lastly, the Affidavit of Support Form I-864 aligns with the ABL-920 in its requirement for legal status verification, albeit in a different context. The Form I-864 is used in the immigration process to prove that an incoming immigrant has adequate financial support and won't rely on public benefits. Similar to the ABL-920, it requires legal status documentation but goes further by demanding financial information from the sponsor to ensure the immigrant's support. Both forms play crucial roles in immigration-related processes, ensuring that individuals meet specific legal and financial criteria.
When completing the ABL-920 form, which is necessary for sole proprietors in South Carolina to verify lawful presence in the United States, there are important steps to follow and common mistakes to avoid. Here are both dos and don'ts to guide you through the process effectively:
Following these guidelines will help ensure that your ABL-920 form is filled out correctly and efficiently, assisting in the smooth processing of your verification of lawful presence in the United States.
Understanding the ABL-920 form is crucial for sole proprietors in South Carolina. However, several misconceptions surround this document. Clarifying these misunderstandings ensures proper compliance and helps avoid potential legal issues.
Understanding these misconceptions is vital for smooth interactions with South Carolina’s licensing regulations. Adequate preparation and awareness can significantly streamline the application or renewal process for sole proprietors.
Understanding the ABL-920 Form in South Carolina
Filling out the ABL-920 form is a necessary step for sole proprietors in South Carolina who are seeking business licenses or permits. This form helps verify the legal presence of the individual within the United States, complying with state laws. To navigate this process smoothly, here are five key takeaways:
It's also vital to promptly report any changes in your immigration or citizenship status to the South Carolina Department of Revenue (SCDOR). This ensures your business licensing records are always up to date and can prevent any legal complications in future renewals or audits.
Finally, remember that the ABL-920 form not only serves as a compliance document but also as a protection for your business legitimacy in South Carolina. Taking the time to accurately and thoroughly complete this form is a step towards establishing and maintaining a lawful and successful enterprise.
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