In the U.S, undocumented immigrants confront legal and financial barriers, particularly when it involves accessing services like banking or credit, or even following the tax system.
One step that is practical and legally safe for undocumented individuals is applying for an Individual Taxpayer Identification Number (ITIN).
While an ITIN does not provide legal immigration status or a work permit, it greatly helps in meeting tax requirements, maintaining specific financial accounts, and even improving one’s immigration case.
This guide will describe what an ITIN is and why it is important, who qualifies for an ITIN, and how to apply without putting your immigration status at risk.
What Is an ITIN?
An ITIN is a unique identifier assigned by the IRS consisting of nine digits. It is intended to let persons who do not possess Social Security Numbers (SSN) pay taxes in the United States.
An Individual Taxpayer Identification Number (ITIN) is formatted similarly to a Social Security Number (SSN) and begins with the numeral nine (9). ITINs are strictly utilized to process taxes, and do not grant the ability to work within the United States, access to Social Security benefits, or provide any means for legal immigration status.
Even so, it remains one of the most important identification numbers for tax and other financial undertakings, enabling limitless individuals to participate in fundamental American aspects, regardless of their immigration status.
Why Should Undocumented Immigrants Obtain an ITIN?
Claiming an ITIN not only exempts a person from meeting their tax responsibilities but also offers various benefits that might help them in the long term. This is why pursuing ITINs should often be viewed as not just lawful, but beneficial:
✔️ Stay Compliant with U.S. Tax Laws
An ITIN is required for any individual to fulfill their legal duty of reporting their income to their respective government bodies, like the IRS, and in turn, pay taxes. Permitting undocumented immigrants and other marginalized groups to get an ITIN enables them to file annual returns on income earned, allowing them to avert penalties and showcase that they respect US laws.
Having an ITIN greatly improves one’s standing with the IRS. Good standing demonstrates that an ITIN holder is a responsible resident, which is helpful for certain immigration proceedings in the future.
✔️ Claim Tax Refunds and Credits
You’re likely entitled to refundable tax credits such as the Child Tax Credit and the American Opportunity Credit. Even if you’re undocumented, having U.S. citizen or permanent resident children means you could be eligible for substantial refunds that would greatly benefit your family.
✔️ Open Financial Accounts and Build Credit
Numerous banks and credit unions accept an ITIN as a valid form of identification. As such, you may be able to:
- Open a checking or savings account
- Obtain a credit card
- Start establishing a credit history
- Qualify for certain loan types
Scholarships, business loans, and funding for emergencies usually require a good credit history.
✔️ Support for Future Immigration Petitions
Paying taxes each year with an ITIN provides documentation of your stay and contributions to the United States.
If immigration reform or relief opportunities arise (like DACA updates or family-based adjustments of status), having tax filings for several years readily available will demonstrate your presence and good character.
Complying with tax obligations can improve the strength of your case in many immigration processes.
Who Might Need an ITIN Number?
The following statements mean you might need to apply for an ITIN.
- You do not possess a Social Security Number (SSN).
- You need to submit a tax return, or you’re a dependent spouse in a joint return filing.
- If you do not meet these qualifications, you might still qualify under: non-resident alien, resident alien, spouse or dependent of a US citizen or legal visa holder, or an undocumented individual earning income in the U.S.
Some of the scenarios are listed below.
- A foreign national residing in the US needs to file taxes on the salary received, but has no means to acquire an ITIN.
- A foreign national who owns rent-yielding US property is obligated to fulfill US taxation obligations.
- An accompanying spouse covered under a dependent visa is required to file a tax return.
- A minor child not entitled to a Social Security Number is accepted as a dependent.
For tax filing purposes, being undocumented does not prevent an individual from obtaining an ITIN as long as taxation eligibility is satisfied.
Step-by-step instructions on Applying For an ITIN Number
An ITIN number can be acquired through a simple, systematic process, provided optimal care is taken to ensure compliance with applicable laws and regulations to avoid unnecessary delays or requested modifications.
✅ Step 1: Fill Out the IRS Form W-7
The initial action is the application in which you must complete in Form W-7. This involves supplying relevant details such as your name, address, and your status, and providing a reason necessitating an ITIN.
From the options available, most undocumented immigrants go to ‘Other’ (box h) and enter something along the lines of “Resident alien filing a U.S. tax return.”
You can obtain the form through the following link:
👉 Form W-7 PDF
Be certain to read the instructions properly and ensure that to complete all relevant sections.
✅ Step 2: Draft A Valid Federal Tax Return
In most situations, you will need a Form 1040 along with the W-7 as a federal income return. An ITIN application cannot be done on its own unless certain exceptions are met, like having a U.S. bank account or receiving investment income.
In case you are applying as a spouse or a dependent, you need to ensure the tax preparer includes you in the return.
✅ Step 3: Gather Identity and Foreign Status Documents
To verify your identity and foreign status, beyond the passport, there are supplemental documents such as a National ID card and driver’s license that can be submitted if a passport does not exist. A passport is among the most acceptable and reliable documents, as well as a primary need. Some documents that may assist are:
- Birth certificate (particularly for minors)
- National ID card from your home country
- Foreign driver’s license
- Visa or other Immigration documents
Only the original documents or certified copies from the issuing agency will be accepted. All other documents, excluding those from a Certifying Acceptance Agent, will be deemed illegitimate.
✅ Step 4: Submit Your Application
Option 1: Mail to the IRS
Send the completed Form W-7, your tax return, and identification documents to:
Internal Revenue Service
ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342
You are required to possess certified copies of these documents; hence must circulate them safely.
Option 2: Use a Certifying Acceptance Agent (CAA)
CAAs accept appointments with the IRS and help the applicants in filling out auxiliary forms like Form W-7 as well as authenticating original documents to lessen the burden of dealing with communication through the post. This is often the most convenient and safe method for most undocumented clients.
Scan the CAA directory on the IRS website:
👉 Look up CAA
Option 3: Go to an IRS Taxpayer Assistance Center (TAC)
Make an appointment at your closest IRS office where you may wish to submit your documents physically. This guarantees that your originals need not leave the office.
Get an appointment at
👉 Get In Touch With The IRS Office Near You
Can Undocumented Immigrants Safely Apply for an ITIN?
Absolutely. It’s both safe and legal for undocumented immigrants to apply for an ITIN. The IRS does not track immigration status, nor is it allowed to share your information with immigration enforcers like ICE or USCIS.
This form of protection is explained in Section 6103 of the Internal Revenue Code, which outlines the limits of the IRS’s taxpayer information dissemination.
In reality, presumptions aside, countless undocumented immigrants have been receiving ITINs and filing taxes without repercussions for years. The goal of the IRS is to collect taxes, not patrol the borders.
That being stated, the utmost care should always be taken and trust professionals, because unauthorized tax preparers and scammers who promise legal residency status through an ITIN should never be engaged.
How long for an ITIN?
As a rule of thumb, the IRS generally processes ITIN applications at around 7 to 11 weeks if submitted through the mail and is complete. However, the time it takes to process varies depending on when you apply, how you apply, as well as other contributing factors.
Delays may happen if:
- The documents are missing or no longer valid.
- The application form is not fully completed.
- There is a period of high-volume applications, and particular peaks during tax season.
Upon approval, the IRS ITIN number will be sent via post for delivery; if denied or revisited under scrutiny, a letter will be issued to elaborate on what has been overlooked or requires change.
Common Mistakes to Avoid
Avoiding these common errors can help you receive your ITIN quickly and without issues:
- ❌ Sending photocopies instead of original or certified documents
- ❌ Leaving blank sections on Form W-7
- ❌ Submitting expired ID documents
- ❌ Forgetting to attach a tax return
- ❌ Using the wrong mailing address or CAA
If you are unsure at any step, seek help from a reputable tax preparer or CAA.
Final Thoughts
An ITIN is critical for undocumented individuals who wish to abide by the law to provide family sustenance while simultaneously having valid proof of carrying out financial activities in America.
This carefully calculated legal step ensures secure compliance for payments owed, alongside the bonus of establishing credit, with more favorable outcomes for immigration in the long run.
While having no power over changing one’s immigration circumstances, having an ITIN portrays that citizens contribute actively and are dutifully attending to their financial dealings.
Looking for ITIN Application Help?
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Swostika Silwal
