Can Illegal Immigrants File a Tax Return?

November 19, 2021

The answer is affirmative. The illegal inmigrants can file a tax return but many of them are unaware of this, but tax laws indicate that each individual, resident or not, must pay their taxes after having more than 30 days in the country. The ones who know about this law are often afraid of filing their taxes, fearing that it will make it easier for the immigration authorities to track them and have them deported. There is, however, a privacy law protecting people's tax information, including the taxpayer's immigration status.


This is important to know because the United States is known as the land of opportunities. It's not surprising, then, that thousands of foreigners make their way into the country every year hoping to start a new life. Most of these people enter the country illegally since they don't have the documentation required to get into the U.S. the traditional way. If you happen to be one of these people, this piece will be of great help because we're going to explain the proper way to file your tax return as an undocumented immigrant and start your life in the U.S. on a positive note.

How Do Illegal Immigrants File their Taxes?

If you're an illegal immigrant and wish to uphold the correct ethical conduct, you should consider getting your Individual Taxpayer Identification Number (ITIN). This won't secure your legal residency, but it will go on record as a show of good conduct that the Federal Government will take into account when you apply for U.S. citizenship. Once you obtain your ITIN, you can start filing your taxes following the timeframe established by the country's tax laws.

What Exactly Is the ITIN?

In 1996, the Internal Revenue Service (IRS) created a tax identification number and coined it Individual Taxpayer Identification Number (ITIN). The purpose was to allow foreigners and individuals who were not eligible for a Social Security Number (SS) to take part in the tax collection process.

It's important to note that the ITIN is restricted to tax operations; it has no legal bearings on a person's ability to work or reside inside the U.S. Nevertheless, your ITIN could serve as your tax identification when you open a bank account, and it can help you obtain a driver's license in certain states.

How Can Illegal Immigrant Apply for an ITIN?

To request their ITIN, illegal immigrants need to fill out Form W-7 Application for IRS Individual Taxpayer Identification Number and present the following documents:

• A recent national identification document that includes a photo, full name, home address, date of birth, and the document's expiration date (Passport or Driver's License).


• Your country's civilian birth certificate.


• Visa issued by the U.S Department of State, if you have it.


• Identification and photo from the U.S Citizenship and Immigration Services (USCIS, if you have it.


• Medical records (dependents only; younger than 6 years of age).


• School records (dependents only, younger than 14 years old, younger than 18 years old if they're students).
  

What Benefits Does the ITIN Bring for Illegal Immigrants?

The ITIN is an essential asset for any illegal immigrant who plans on filing their tax return. It will give taxpayers the chance to apply for the child tax credit if they have children born inside the country, or in other words, children who are U.S. citizens. And, as mentioned earlier, this identification number gives people the chance to open a bank account and apply for a driver's license regardless of their immigration status.

Why Illegal Immigrants Should File their Tax Return

When an illegal immigrant abides by the laws of the country they're in, many doors can open along the way. Regardless of your immigration status or your eligibility for a Social Security Number, you should look through all the available means to prove exemplary conduct. In this context, declaring your taxes is advantageous on all fronts.

It's reasonable to fear deportation, but the act of filing your taxes on schedule might help you if you face the immigration court, which would, in turn, reveal a full record of the tax payments you've completed during your time inside the country. These records will also be important when it's time to change your immigration status since immigration agents might look favorably on an applicant that has fulfilled the country's tax-paying requirements.

Our Tax Preparers Can Help Illegal Immigrants File Their Taxes

United Tax & Accounting Group can help illegal immigrants through the process of securing their Individual Taxpayer Identification Number (ITIN) and the completion of all their tax responsibilities. We put all our tax and financial consultation services at your disposal and offer the best Spanish tax preparation services to make the process more accessible for non-English speakers.

You can count on our certified tax preparers to help you obtain your ITIN and file your taxes the right way. We help you through each stage of the process to make sure you don't miss all the applicable tax credits according to your status. Call (786) 431-5576 or fill out our website's contact form. We'll be happy to give you all the information you need about U.S. taxes and how the process varies for illegal immigrants.