An undocumented immigrant cannot get a Social Security Number. The Social Security Administration issues SSNs only to U.S. citizens, lawful permanent residents, and non-citizens whom the Department of Homeland Security has authorized to work.1eCFR. 20 CFR Part 422 – Organization and Procedures Being physically present in the country, no matter for how long, does not create eligibility. What is available regardless of immigration status is a different number from the IRS, the Individual Taxpayer Identification Number, which lets you file federal taxes but does nothing else.
Who the SSA Will Actually Issue a Number To
Federal regulations recognize three groups: U.S. citizens, lawful permanent residents, and non-citizens with a current work permit from DHS. That third group includes people on work-authorizing visas, approved asylees, refugees, holders of Temporary Protected Status, and recipients of deferred action who have been issued an Employment Authorization Document (Form I-766).1eCFR. 20 CFR Part 422 – Organization and Procedures
Someone who entered without inspection, or who overstayed a visa and has no pending application that would grant work authorization, falls outside every category. The SSA will not assign a number based on residence, tax history, family ties, or length of time in the country.
The Narrow Non-Work Exception
There is one carve-out worth mentioning so you don’t chase it in the wrong direction. If a non-citizen is lawfully present but has no work permit, and a federal law requires an SSN to receive a specific government benefit that person is otherwise entitled to, the SSA can assign a number. The card is printed with the legend “NOT VALID FOR EMPLOYMENT.”2eCFR. 20 CFR 422.104 – Who Can Be Assigned a Social Security Number The exception turns on lawful presence, so it does not help someone without status.
The ITIN: What You Can Get Instead
The Internal Revenue Service issues an Individual Taxpayer Identification Number to anyone with a federal tax-filing obligation who is not eligible for an SSN, and immigration status is not part of the eligibility test.3Internal Revenue Service. Individual Taxpayer Identification Number (ITIN) An ITIN is a nine-digit number formatted 9XX-XX-XXXX, authorized under Section 6109 of the Internal Revenue Code for tax purposes only.4Office of the Law Revision Counsel. 26 USC 6109 – Identifying Numbers
Understand what an ITIN is not. It does not authorize you to work in the United States. It does not change your immigration status. It does not qualify you for Social Security retirement benefits or the Earned Income Tax Credit.3Internal Revenue Service. Individual Taxpayer Identification Number (ITIN)
What it does do, beyond letting you file a return, is give you an identifier some banks and credit card issuers will accept. That opens a path to a checking account and, in some cases, a credit card and a credit history. The doors an ITIN opens are narrower than those an SSN opens, but they are real.
How to Apply for an ITIN
You apply by submitting IRS Form W-7 together with the federal tax return you are filing, plus proof of identity such as a passport. Three routes are available:
- Mail the W-7, return, and original identity documents to the IRS.
- Apply in person at an IRS Taxpayer Assistance Center.
- Use an IRS-authorized Certifying Acceptance Agent, who verifies your original documents and sends certified copies to the IRS on your behalf.5Internal Revenue Service. Acceptance Agent Application Frequently Asked Questions
The Certifying Acceptance Agent route costs money (professional fees typically run from $50 to several hundred dollars) but you avoid mailing your passport to the IRS for weeks.
Keeping an ITIN Alive
An ITIN expires if you do not use it on a federal return for three consecutive tax years. It lapses on December 31 of that third year. To bring it back, file a new Form W-7 with current identity documentation and check the renewal box; a name change since the original issuance means additional supporting documents such as a marriage certificate or court order.6Internal Revenue Service. How to Renew an ITIN
Filing with an expired ITIN slows down your refund and blocks certain credits until the renewal clears. People who file every year rarely bump into this. People who skip filing for a few years often discover the expiration only when they try to file again.
If Your Immigration Status Later Changes
If you eventually become eligible for a Social Security Number, stop using your ITIN for tax purposes as soon as the SSN is issued. You then have to notify the IRS so that your earlier filings under the ITIN are merged with your new SSN. Skip this step and the IRS may not credit you for wages and taxes already reported, which can affect refunds and your earnings history.7Internal Revenue Service. Additional ITIN Information
Notification is straightforward. Visit a local IRS office, or mail a letter to the IRS in Austin, Texas with your full name, mailing address, ITIN, and a copy of your new Social Security card. Include the CP 565 ITIN assignment notice if you still have it. Once the IRS processes the letter, it voids the ITIN and links prior filings to the SSN.7Internal Revenue Service. Additional ITIN Information
Do Not Use a Fake or Borrowed Number
The temptation to use a made-up SSN or someone else’s number to get hired is understandable, and it is one of the worst decisions a person in this situation can make. Federal law treats Social Security fraud as a felony punishable by up to five years in prison, a fine, or both. The prohibited conduct includes using a number obtained through false information, falsely claiming another person’s number as your own, and counterfeiting or buying a card.8Office of the Law Revision Counsel. 42 USC 408 – Penalties
When the number you used belongs to an actual person, prosecutors can add aggravated identity theft. That charge carries a mandatory two-year sentence that runs consecutively to whatever sentence you get for the underlying crime, and the court cannot reduce the other sentence to offset it.9Office of the Law Revision Counsel. 18 USC 1028A – Aggravated Identity Theft The Supreme Court held in 2009 that prosecutors must prove the defendant actually knew the number belonged to another real person for the aggravated charge to stick, so unknowingly using a matching number is not enough.10Justia U.S. Supreme Court. Flores-Figueroa v. United States, 556 U.S. 646 (2009) The base fraud charge under 42 USC 408 requires no such knowledge.
A conviction also has immigration consequences. An aggravated felony conviction leads to removal and a reentry bar of 10 to 20 years. Even a plea to lesser charges can result in deportation and a long ban on returning.
Is It Safe to File Taxes With an ITIN?
This is the honest concern behind most ITIN questions, and the answer changed in 2025. Section 6103 of the Internal Revenue Code has long made tax returns and return information confidential by default, with criminal penalties for IRS employees who disclose it without authorization.11Office of the Law Revision Counsel. 26 USC 6103 – Confidentiality and Disclosure of Returns and Return Information
In April 2025, the IRS and Immigration and Customs Enforcement signed a memorandum of understanding creating procedures to share information for criminal immigration enforcement. A federal court declined to block the agreement, finding the government likely to succeed on the argument that the arrangement fits an existing exception for nontax criminal investigations.12Congress.gov. Confidentiality of Federal Tax Returns and Return Information The full practical scope is not yet settled, and further legal challenges are possible. The older assumption that ITIN return data was categorically walled off from immigration authorities no longer holds in the same form. Weigh that reality against the tax obligations and the practical benefits of a filing record before you decide how to proceed, and consider talking to an immigration attorney if the stakes in your case are high.