Yes! Undocumented Aliens Can Qualify for an Individual Taxpayer Identification Number (ITIN) from the IRS
I personally believe that it is in EVERYONE’S best interest for all people materially present in the USA to be here LEGALLY. I also believe that the US Federal government has an obligation to do a much better job of helping people legally be present, but that is a topic for another post.
What amazes is the sheer number of undocumented aliens that actually want to be compliant with their US income tax obligations. For those people there is a LOT of confusion about their undocumented alien status and whether they can qualify for an Individual Taxpayer Identification Numbers (ITIN).
If you are required to file a U. S. Federal income tax return or qualify to be listed on another individual’s tax return as a spouse or dependent, you must have either a valid Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) REGARDLESS OF YOUR STATUS AS AN UNDOCUMENTED ALIEN.
Officials in the ITIN Programming Office, a function of the IRS, have asserted verbally that they do not contact the department of US Citizenship and Immigration Services when an undocumented alien comes in search of an ITIN.
In fact they do not even ask if you are lawfully present in the USA when processing IRS Form W-7 application for an ITIN. They further assert that an undocumented alien ‘should’ be able to safely enter an IRS office and, assuming their documentation is in order, apply for an ITIN for both themselves and their dependents.
So I advise most everyone that does not qualify for a Social Security Number to get an ITIN.
What an ITIN cannot offer undocumented aliens is:
- The right to work in the United States
- A change to your immigration status
- Earned Income Tax Credit or
- Social Security benefits
