Immigrants without Social Security Numbers can still file tax returns

Believe it or not, U.S. tax laws require that undocumented immigrants file tax returns - just like documented individuals including U.S. Residents and Citizens. However, a substantial barrier to those without a social security number who want to follow the law is the dilemma of how to do so. Filing tax returns and showing past and current employment may be extremely crucial and beneficial under any immigration reform law which eventually passes (hopefully this year), especially if being able to provide the USCIS with evidence of past and current tax return filing will assist an individual to qualify for legalization or speed the process to residency.

With increasing pressure on Congress to pass the STRIVE Act and other immigration reforms, the likelihood is that by year’s end we may see the goal accomplished. Therefore, it may benefit those who have earned any income (including “cash” payments) in past years, even through “self-employment”, to file past tax returns, especially for the most recent year 2006, as the current STRIVE Act proposal, if passed, includes a requirement that individuals provide evidence of continued employment in the U.S. since June 2006 or before. If you want to file a tax return but don't have a Social Security number, don’t despair, the IRS provides a route by which such tax returns can be filed. Once a foreign national obtains a valid social security number, the Social Security Administration can reconcile the earlier recorded earnings with the new social security file created with the valid number. You can learn more about this process by contacting your accountant or call for more information (English only): 954-424-6071.

QUESTIONS

Question: Do I need to attach a Fingerprint Card FD-258 with the fingerprint fee at the time of filing my Green Card application? I’m trying to do it myself to save money, but it is getting so complicated and confusing. I called the 800# but once the guy told me I needed it, then I called again and a lady said no.

Answer: I know, the process can be so confusing – and the USCIS is not very helpful. The answer is – No. You don't need to submit a fingerprint card anymore. These days, you pay a $70 fingerprint fee at the time of filing your I-485 application and once your case is filed, you will receive a receipt, then later an appointment to go to a USCIS Application Support Center for fingerprinting and to have your biometric photo taken there.

Question: I filed my adjustment of status application with an I-765 application for a work permit. I was supposed to get my work permit in 90 days. After 80 days, when I went down to the INS, the officer said that the 90 days doesn’t count, since I got a notice asking for evidence from the National Benefits Center. I really don’t understand this. Can you please explain it to me?

Answer: Yes, it is true that I-765 Employment Authorization applications are supposed to be processed within 90 days. However, once the National Benefits Center (NBC) issues a Request For Evidence (RFE) on an I-485 Family Based case (normally due to Affidavit of Support-I-864 issues), the NBC suspends the processing of any associated I-765 (work permit) and I-131 (travel permit) until the appropriate response to the RFE is received at the NBC. Once the evidence is received, the clock resets to day 1 and it could take up to 90 more days to receive the Employment Authorization document (EAD). That is why it is so, so, so very important to understand exactly what evidence you must initially provide to avoid delays in receiving your work and travel permits and even eventual denials of the case, all for simple issues which could have easily been avoided if the case is filed properly the first time.