Social Security Numbers for Non-Citizens

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 What is a Social Security Number?

All citizens of the United States who are over the age of 18 and receive some type of income are required to have a social security number (SSN). Employers must use this number to report all of the employee’s income to the Internal Revenue Service (IRS).

Social Security is a government program that provides financial support for individuals who reside in the United States when they are retired or are no longer able to work. This program is funded by the taxes that are paid by individuals who are working in the United States.

Social Security provides financial support for individuals who are:

  • Elderly;
  • Disabled; or
  • Retired.

Social security benefits are a specific category of monetary benefits that are provided by the Social Security Association (SSA). Examples of common social security benefits that may be available include:

  • Retirement benefits: Individuals who retire after reaching the age of 62 are entitled to retirement benefits. The amount of money that the individual receives is directly related to the amount of income made over the course of their working life;
    • As such, the later you file for retirement benefits, the larger those benefits will be, up until the age of 70;
  • Disability benefits: If an individual becomes disabled before reaching retirement age, they may be eligible for disability benefits;
  • Supplemental security income: SSI benefits are available to individuals who did not earn much income over the course of their working lives but who are still in need of financial assistance. Supplemental security income is only available to individuals who are:
    • over the age of 65;
    • disabled; or
    • blind;
  • Survivor’s benefits: If an individual’s spouse is deceased, and they would otherwise be entitled to retirement or disability benefits, it is possible for them to receive the social security benefits on behalf of the decedent; and
  • Surviving child benefits: Similar to survivor’s benefits, surviving child benefits are also available for a biological child, adopted child, or step-child when their parent dies.

Over the course of an individual’s working life, they pay a percentage of their regular income to the government. Both employers and employees must make these payments.

These payments are referred to as social security taxes. They are intended to provide individuals with some degree of economic security.

Social security payments also ensure that all individuals who are no longer earning an income still have money to put into the economy to keep it flowing. Once an individual reaches retirement or becomes disabled, the government will issue them monthly checks based upon the amount that the individual paid over their lifetime.

These are referred to as work credits. An individual must have a certain number of work credits to receive social security benefits.

Although children are not required to have an SSN before the age of 18, most individuals get an SSN for their child because they are required to:

  • Open a savings account in the child’s name;
  • Obtain medical coverage; or
  • Receive any other government provided service.

Typically, parents get an SSN for their child at the time of their birth.

Do I Need a Social Security Number?

If a noncitizen wants to work in the United States, they must obtain an SSN. In addition, an individual will need to obtain an SSN when local, state, or federal law requires an individual to have one in order to receive a benefit.

Social security numbers for noncitizens can offer them many benefits. However, there are many things an individual can do if they do not have an SSN, including:

  • Banking and purchasing savings bonds;
  • Registering for school;
  • Obtaining private health insurance; and
  • Applying for subsidized housing or lunch programs.

Who Can Ask for my Social Security Number?

It is important to note that anyone has the right to ask an individual for their SSN. Currently, SSNs are requested from many different places, including:

  • Schools;
  • Clothing stores;
  • Phone companies;
  • Credit card companies;
  • Utilities;
  • Health clubs; and
  • Insurance companies.

A company will use an individual’s SSN to obtain their credit rating and determine whether they pay your bills. It also allows the company to keep track of the individual if they try to skip town without paying their bills.

SSNs are also valuable to companies that develop marking lists and sell them to other companies. Marketing lists containing customers’ social security numbers is more valuable, and, therefore, more expensive, than one without.

Customers have the right to refuse to provide their SSN, with very few exceptions. The entities that have the right to demand that an individual provide their SSN include:

  • Employers;
  • Banks, brokerages, or other companies handling transactions that involve taxes;
  • Tax departments;
  • Motor vehicle departments; and
  • Welfare departments.

If an individual publicizes their SSN, they risk becoming a victim of identity theft. Often, all a thief needs to apply for credit under an individual’s name is a valid social security number.

Once an identity thief steals an individual’s identity, they can commit any number of crimes at the individual’s expense, including, but not limited to:

  • Opening new accounts under their name;
  • Going on spending sprees;
  • Establishing phone or other services in their name; and
  • Draining bank accounts.

How Do I Apply for a Social Security Number?

In order to apply for a social security number, an individual is required to call or visit a social security office and fill out a social security card application. When an individual is submitting their application, they will have to provide original documents that verify their:

  • Age;
  • Name;
  • Non-citizen status; and
  • Legal entry into the United States.

If an individual wants to work, they must also prove their work eligibility. If an individual wants to obtain a social security number for a state or local government requirement, an individual must also provide the following on letterhead stationary:

  • Proof of the individual’s identity as the applicant;
  • The law requiring use of a SSN;
  • Proof that the individual meets the state or local agency’s requirements, except for not having a social security number; and
  • An agency contact and telephone number.

Do I Need a Social Security Number to Pay Taxes?

Unless an individual is authorized to work, they do not have to have a social security number to pay taxes. If an individual does need a SSN for a tax purpose and they are not working, they can apply for an Individual Taxpayer Identification Number (TIN) from the Internal Revenue Service (IRS).

When Will I Get My Card?

Because an individual’s documents must be verified with other agencies in addition to heightened security measures, an individual should expect their social security card to be issued anywhere between 2 weeks and 3 months.

Can My Employer Pay Me If I Am Still Waiting for My Social Security Card?

If an individual has already applied for a social security card and they are still waiting on it to arrive, they are eligible for a paycheck. If their employer requires a SSN to issue a paycheck, the social security office can issue a confirmation that the worker has applied.

Do I Need a Lawyer?

Typically, applying for a social security number is a simple process, even SSNs for non-citizens. If, however, you have a complex issue or were denied a social security number, it may be helpful to consult with an immigration attorney.

Your attorney can help you resolve any issues that may arise related to your social security number application. Your attorney can also assist you with any other issues you may have related to social security while you are in the process of applying for a social security number or waiting for your card to arrive.

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