The American Immigration Law Foundation has produced great Public Service Announcements to help counter the hysterical climate regarding the immigration issue in this country (my words).

Author: Bradley Maged

I'm Brad Maged, an immigration lawyer in Boston, Massachusetts. I help people who want to live and work in the United States and companies that wish to employ them. This blog provides opinion and information on developments in immigration law. Thanks for reading!


  1. Brad
    How come they call “Illegal Immigrants” a “US Taxpayers”.
    If you are illegal, you do not have a Social Security number, without which you cannot pay any taxes. Any examples of how do you pay your taxes without the SSN or how could you get an SSN if you are illegal immigrant (should we call it non-immigrant?)

  2. Thanks for the comment. Some undocumented aliens get TIN numbers issued by the IRS that allows them to pay taxes, others work with fake social security numbers from which taxes are deducted. Of course sales and real estate taxes are also collected from everyone. It has been argued that many undocumented aliens contribute to social security from which they will never collect.

    I also agree that there are those who work “under the table” and do not pay any income tax. A well drafted CIR plan could include provisions that require applicants to pay back taxes. Moreover, if these people come out of the shadows and become legitimate members of society, they can do everything above-board including pay taxes in the future.

  3. Hi Brad.
    Do not get me wrong – I do not mind to “forgie” illegal non-immigrants and put them to the end of the queue for their legal paperwork.
    The ITIN (Individual Taxpayer Identification Number) can only be obtained if you have an evidence that you rae not allowed to have a social security number. My wife had to go to Social Security Administration, shown her H4 wisa to gat a denial letter. Only with this letter she could get the ITIN (that was back in 1999, so before 9/11). So you cannot legally get ITIN if you are not legal.
    Also, according to the IRS, ITIN can only be used to claim your dependents in your return that do not have SSN. You cannot use ITIN to report an income, you’ll need SSN for this. So the only way for illegal to pay their taxes is to use someone else SSN (which is also illegal).
    I do not see any evidences that illegals can (and do) pay their income taxes legally or at all.(Of course not counting the sales tax.)
    I agree they will pay their taxes when they become legal.
    People should not lie trying to protect illegals. (Unless of course you have areal example that proof otherwise what I said above).

  4. From the IRS website:

    “What documents are acceptable as proof of identity and foreign status?
    IRS has streamlined the number of documents the agency will accept as proof of identity to obtain an ITIN. There are now 13 acceptable documents.

    An original, or a certified or notarized copy, of an UNEXPIRED passport is the only document that is accepted for both identity and foreign status. If you do not have a passport, you must provide a combination of current documents that contain expiration dates – we accept docs issued within 12 months of the application if no expiration date is normally available. The documents must also show your name and photograph, and support your claim of foreign status.

    IRS will accept certified or notarized copies of a combination (two or more) of the following documents, in lieu of a passport:

    * National identification card (must show photo, name, current address, date of birth, and expiration date)
    * U.S. driver’s license
    * Civil birth certificate
    * Foreign driver’s license
    * U.S. state identification card
    * Foreign voter’s registration card
    * U.S. military identification card
    * Foreign military identification card
    * Visa
    * U.S. Citizenship and Immigration Services (USCIS) photo identification
    * Medical records (dependents – under 14 years old – only)
    * School records (dependents and/or students – under 25 years old – only)

    How do I apply for an ITIN?
    Use the January 2007 revision of Form W-7, Application for IRS Individual Taxpayer Identification Number to apply. Attach a valid federal income tax return unless you qualify for an exception, and include your original or certified proof of identity documents.
    Because you are filing your tax return as an attachment to your ITIN application, you should not mail your return to the address listed in the Form 1040, 1040A or 1040EZ instructions. Instead, send your return, Form W-7 and proof of identity documents to:

    Internal Revenue Service
    Austin Service Center
    ITIN Operation
    P.O. Box 149342
    Austin, TX 78714-9342

    You may also apply using the services of an IRS-authorized Acceptance Agent or visit an IRS Taxpayer Assistance Center in lieu of mailing your information to the IRS in Austin. TACs in the United States provide in-person help with ITIN applications on a walk-in or appointment basis. Applicants outside the United States should contact an overseas IRS office to find out if that office accepts Form W-7 applications. The IRS’s ITIN Unit in Austin issues all numbers by mail.”

    Surprisingly, many undocumented own homes and pay real estate taxes as well as sales taxes. Those who have ITINs may be paying income tax as well. I agree that the undocumented should not be given priority over those who entered the US legally and have maintained their status.

  5. My wife, who is a US Citizen, on mid August 2007 filed an I-130 to petition her father. He’s been in the U.S. since the end of July 2007 as non-immigrant (visitor status). The intention was to get an approved I-130 to file an I-485 to adjust his status to permanent resident. Based on the current delay in processing cases being experienced by the USCIS, so far my wife has received a notice of action dated 09/24/07 stating that the petition has been received by the USCIS. We are aware that she could have filed form I-485 concurrently with her I-130 petition, but only form I-130 hwas filed.
    Our concern is that if we keep waiting for the I-130 approval, considering current USCIS’ processing times, it may be received by my wife after his father’s I-94 non immigrant status expiration date, which may negatively affect him at the time of filing form I-485.
    However, we wonder whether my wife’s father can go ahead and file form I-485 submitting a copy of the notice of action we have received as an evidence of a completed petition that has been filed but not approved yet.


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