Social Security Numbers and Cards
CONFIA: IMMPOWERMENT INFO
Can noncitizens get a Social Security Number
(SSN) and card?
It depends. Only noncitizens in certain immigration statuses are
allowed to apply and receive a Social Security number (SSN) and
card. These include:
- Lawful permanent residents (green card holders)
- Noncitizens who have permission to work in the United States, such
as U visa holders.
- Noncitizens who need an SSN for certain public benefits not related
to employment.
The Social Security Administration will not issue an SSN solely for
the purposes of obtaining a driver’s license, or “cell phones, credit cards,
bank accounts, mortgages, marriage and professional licenses, various
forms of insurance, admission to academic institutions and financial aid
for student loans.”
Does a Social Security card authorize
work in the United States?
Not necessarily. An SSN, by itself, does not give permission to
work or live in the United States. It just means an individual is part
of the Social Security system. Some noncitizens can obtain SSNs in
order to collect public benefits for which they are otherwise entitled.
Cards issued for this purpose will have an annotation “Not Valid for
Employment.”
Can an immigrant granted permission to work by
the Department of Homeland Security obtain an
SSN?
Yes. Immigrants who have permission to work in the United States,
even temporarily, can apply for an SSN.
Does an SSN expire?
No. Once an SSN has been assigned it is an individual’s unique
number for the rest of his or her life in the United States. However,
the individual’s work authorization may expire. The expiration of
work authorization does not invalidate an SSN but it does mean the
individual cannot continue to work until it is renewed.
What happens to a Social Security account if an
individual leaves the United States?
The SSN number remains valid. However, generally, if an individual
leaves the United States for more than six (6) months, he or she is
no longer eligible for Social Security benefits. There are exceptions,
especially if the individual lived in the United States for a long period
of time, or if he or she is a citizen of certain countries for which the
United States has an agreement. If there is concern about receiving
benefits while abroad, visit the Social Security website at ssa.gov.
People in this situation should also speak with an attorney specializing
in Social Security benefits.
What happens if someone uses a fake
SSN to work?
Using a fake SSN is a crime, which can lead to jail time and
deportation from the United States.
What if a person uses someone else’s SSN?
Using another person’s SSN is a form of identity theft and
can lead to very serious criminal penalties. Even using an SSN with
someone else’s permission, such as a family member, is not permitted.
What if someone gets a real SSN, but uses fake
information to get it?
Once again, using false information to obtain a Social Security
card is a crime and makes the card invalid.
Can a person continue to use a fake SSN or
someone else’s SSN once that person has
a valid SSN?
No. Once a person has a valid SSN that is the only number that
person should use for employment, taxes, loans, mortgages or
anything else that requires it.
Although the law does not require that an employer terminate an
employee for having used a false identity, an employer may seek
to terminate the employee for providing false information on the
employment application. However, an employer cannot fire an
employee solely because he or she is an immigrant, and must apply
the same policy to everyone else. People in this situation may consider
consulting an employment attorney to advise them of their rights
before approaching their employer.
FOR MORE INFORMATION, visit the Department of Justice’s Office of
Special Counsel for Immigration-Related Unfair Employment Practices
website at justice.gov/crt/about/osc.
What can a person without an SSN do if a bank,
health insurance or other program requests an SSN?
First, make sure that person is eligible for the account or benefit
for which he or she is applying. Some applications require an SSN
as proof of U.S. citizenship or legal status, both of which may be
requirements for eligibility.
If the person is eligible for the benefit, he or she can ask whether
an alternate form of identification would be acceptable. In other
cases, the person may also request a letter from the Social Security
Administration that indicates he or she is not eligible for a Social
Security card.
Can someone without an SSN apply for a
driver’s license?
That depends on each state’s requirements. In Illinois, individuals
without an SSN can apply for a Temporary Visitor Driver’s License
(TVDL). The TVDL allows them to drive in Illinois (when coupled with
insurance) but cannot be used for identification purposes.
FOR MORE INFORMATION on how to apply for a TVDL, visit the Illinois
Secretary of State website at cyberdriveillinois.com/departments/
drivers/TVDL/home.html.
Can individuals pay taxes even though they are
not eligible for an SSN?
Yes. Taxpayers can apply for an Individual Taxpayer Identification
Number (ITIN), which can be used instead of an SSN to track
and file taxes.
FOR INFORMATION on the ITIN, visit the Internal Revenue Service (IRS)
website at irs.gov. Taxpayers can also contact the Center for Economic
Progress at (312) 252-0280 or economicprogress.org, or Ladder Up at
(312) 409-4719 or goladderup.org. For Ladder Up’s Spanish line, call
(312) 409-4318.
Please remember that having an ITIN does not authorize the individual to
work in the United States.
Applying for a Social Security Card
Visit the SSA website, ssa.gov, for step-by-step directions on how
to apply for a Social Security number and card.
Remember that an applicant for a Social Security card must be
able to prove:
- U.S. citizenship or lawful immigration status
- Work authorization (if not a U.S. citizen or permanent resident)
- Age and identity
The application can be mailed or hand delivered to the local
Social Security office. For a list of offices visit ssa.gov or call
(800) 772-1213.
THIS FACT SHEET IS PROVIDED BY THE
Asylum & Immigration Law Clinic at DePaul University College of Law
in partnership with
The information provided in this flyer is general in
nature and is not intended to serve as legal advice or
as a substitute for a consultation with an attorney.
