Once you receive the I-918 approval notice indicating you are in U nonimmigrant status, can you can travel outside of the United States? Technically, individuals in U nonimmigrant status are eligible to apply for a U visa abroad at a U.S. consulate and may be able to use that visa to reenter the United States after a trip abroad. While theoretically possible, it would not be advisable.  There are also two serious concerns that would arise relating to unlawful presence bars and the continuous physical presence requirements for U nonimmigrants to be able to adjust status and obtain a green card after three years in U status.  Unlawful Presence Bars There are also complications that arise from unlawful presence. If the U visa holder accrued unlawful presence, which most have, then departure from the United States will trigger a three- or ten-year bar making them inadmissible. Once a U nonimmigrant that is outside of the country has triggered a new ground of inadmissibility such as the unlawful presence, they will need to apply for a new waiver of inadmissibility on Form I-192 (any existing I-192 that was approved will only cover grounds of inadmissibility that existed at the time it was approved not grounds that were triggered after). They will be required to remain outside of the United States during the adjudication of the waiver.  Note: This is because they are outside the United States and reentering thus they must be admissible, otherwise new grounds of inadmissibility would not necessarily require a new waiver for purposes of adjustment of status.  Continuous Physical Presence Requirements for Adjustment of Status In Three Years Further it may create an obstacle to later eligibility to adjust status to become  a legal permanent resident and get a green card. In order for U visa holders to apply for adjustment of status to lawful permanent residence, she must demonstrate continuous physical presence in the United States. The regulations state that “an alien shall be considered to have failed continuous physical presence…if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate of 180 days.”  Since it will almost certainly take more than 90 days to process the visa and/or waiver needed, the U visa holder will likely become ineligible for adjustment of status since they will have an interruption in their continuous physical presence.  Grounds of Inadmissibility Triggered After The Approval  U visa holders are not required to demonstrate their admissibility when applying to adjust their status pursuant to INA §245(m). Thus, when the U visa holder applies to adjust her status, there is no need—and, indeed, no mechanism—for USCIS to waive her smuggling ground of inadmissibility, and the existence of the unwaived ground of inadmissibility will not preclude them from adjusting status. However, the new ground of inadmissibility may (and very likely will) factor into USCIS’s determination as to whether discretion should be exercised in the applicant’s favor. Therefore, it is likely that it will ultimately end up preventing them from being able to adjust status just under a different legal ground.  Per the regulations, where new grounds of inadmissibility and other adverse factors are present at the adjustment stage, the applicant may “offset” them “by submitting supporting documentation establishing mitigating equities that the applicant wants USCIS to consider when determining whether or not a favorable exercise of discretion is appropriate.” See 8 CFR §245.24(d)(11). Depending on the nature and severity of the adverse factors, “the applicant may be required to clearly demonstrate that the denial of adjustment of status would result in exceptional and extremely usual hardship.” See 8 CFR §245.24(d)(11). [The regulations provide that “USCIS will generally not exercise its discretion favorably in cases where the applicant has committed or been convicted of a serious violent crime, a crime involving sexual abuse committed upon a child, or multiple drug-related crimes, or where there are security- or terrorism-related concerns.” Id.] In that scenario, if trying to overcome new grounds of inadmissibility, you would want to try to tie the new ground of inadmissibility or other adverse factor(s) to the applicant’s victimization and/or cooperation with law enforcement. Though such a showing is not legally required, it can serve as a strong mitigating equity. Address and provide evidence of the humanitarian considerations and disruption to family unity that will result if USCIS denies the adjustment application.

On September 13, 2023, a Federal District Court in Texas issued a ruling in Texas v. United States declaring DACA unlawful. This Judge had previously come to the same conclusion and it was appealed to the Fifth Circuit Court of Appeals. The Court of Appeals found that he erred in making his first decision and remanded the case back to the Judge to make a new decision. The Judge reviewed the case differently this time but ultimately came to the same conclusion with the same results. This new decision has left many people with questions about DACA. The most frequently asked questions are answered below. SEPARATE FEES FOR DACA & EMPLOYMENT AUTHORIZATION USCIS indicated that it will no longer accept one bundled payment (check, money order, etc.) for all the forms included in your DACA renewal request. Be sure to include two separate checks: $410 for the I-765 $85 for the I-821D USCIS may reject the entire package if you include a combined check for $495. What is the status of DACA after the September 2023 Texas Decision?   The status of DACA remains the same as it was before the 2023 decision. DACA renewals continue and will be processed for those who are eligible.   DACA was implemented in 2012 through a memorandum issued by the Obama Administration. In 2021, a Texas Federal Court decision by this same judge found that the 2012 DACA policy was unlawful. This decision was appealed to the Fifth Circuit Court of Appeals who agreed with the Texas Court. In the summer of 2022, the Biden Administration announced a new DACA rule that codified the DACA policy into a federal regulation with the intent of further protecting the program from legal challenges. This new DACA rule resulted in the Fifth Circuit remanding the case back to the District Court in Texas to consider if the new DACA rule fixed the issues. The Texas Judge ruled, again, that DACA was unlawful.   Will USCIS Process Renewals & New DACA Applications?  No new DACA application will be approved at this time. The Court’s decision has blocked USCIS from approving any new DACA cases. Only renewals of those already approved were stayed by the Federal Court’s injunction. Who Can Renew You may request a renewal if you met the initial 2012 DACA guidelines and you: Please note, if you file after your most recent DACA period expired, but within one year of its expiration, you may submit a request to renew your DACA. If you are filing beyond one year after your most recent period of DACA expired, you may still request DACA by submitting a new initial request. When to Renew USCIS recommends that you submit your DACA renewal application 120 to 150 days before the date your current DACA and EAD expire.  How to Renew

How will USCIS decide who is invited to request to enter the United States under the family reunification parole processes? This decision will be based on multiple discretionary factors, including the number of requests that can be efficiently processed and the amount of time a beneficiary may need to wait before an immigrant visa becomes available to them. Invitations will be sent on a rolling basis. Who is eligible for consideration for parole under the family reunification parole processes? The family reunification parole processes are available by invitation only to certain petitioners whose Form I-130, Petition for Alien Relative, filed on behalf of principal beneficiaries who are nationals of Colombia, El Salvador, Guatemala, or Honduras, have been approved.  Invitations will identify the principal beneficiary and their immediate family members. This process allows U.S. citizen and lawful permanent resident petitioners to initiate a process for their eligible beneficiaries to be paroled into the United States while they wait for their family-based immigrant visas to become available. For more information, see the Eligibility section of www.uscis.gov/frp. How long is the period of parole under the family reunification parole processes? Individuals granted parole under these processes will generally be paroled into the United States for a period of up to three years, subject to applicable medical and vetting requirements. QUESTIONS RELATING TO SUPPORTERS AND FILING FORM I-134A How are invitations being issued? The Department of State’s National Visa Center (NVC) will email the invitation to petitioners at the email address of record for the approved Form I-130. If there is no email address of record, the NVC will mail the invitation to the petitioner’s mailing address of record. Please make sure the NVC has your current contact information and mailing address. To update your contact information or address, contact the NVC through their Public Inquiry Form.  Invitations will be issued on a rolling basis, based on U.S. government operational capacity, the expected period of time until the principal beneficiary’s immigrant visa becomes available, and consistency to ensure process integrity. If you have not yet received an invitation, you may receive an invitation in the future.  How can attorneys fill out Form I-134A for their clients who would like to request to be a supporter and initiate an FRP process on behalf of a beneficiary? There is no option at this time for an attorney or accredited representative to use an online representative account to file Form I-134A on behalf of a petitioner or submit travel authorization information on behalf of a beneficiary after confirmation of a Form I-134A. I am an attorney assisting a supporter with Form I-134A. If the petitioner fills out the preparer declaration on the form, can I get information about the petitioner or beneficiary? No. The preparer declaration simply reflects that you helped an individual complete the declaration (form filling). If you are an attorney or accredited representative, you must submit a Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, to USCIS if you wish to receive information about your client’s (petitioner’s) Form I-134A. We do not currently allow representatives to complete Form I-134A online on behalf of a petitioner using a representative account. However, a representative who has submitted a valid Form G-28 to USCIS separately through a representative account may inquire about their client(s)/supporter(s) case by contacting the USCIS Contact Center. Can I submit Form I-134A by paper? No. Form I-134A may only be filed online through your USCIS online account. Can I submit Form I-134A on behalf of my family member if I live outside the United States? No. The family reunification parole processes are available by invitation only to petitioners whose Form I-130, Petition for Alien Relative, filed on behalf of principal beneficiaries who are nationals of either Colombia, El Salvador, Guatemala, or Honduras, have been approved. The invitation will list the principal beneficiary and their immediate family members. At this time, invitations will not be sent to petitioners with addresses outside the United States. Is there a cost to file Form I-134A? No. There is no fee to file Form I-134A. Neither you nor the beneficiary is required to pay the U.S. Government a fee to file the Form I-134A, be considered for travel authorization, or parole. Beware of any scams or potential exploitation by anyone who asks for money associated with participation in this process. I want to submit Form I-134A on behalf of a family of 4. Can I file one Form I-134A for the entire family? No. You must file a separate Form I-134A for each beneficiary, including minor children. Can I agree to support more than one beneficiary? Yes. If you received an invitation, you may submit a separate Form I-134A for the principal beneficiary and a separate Form I-134A for each derivative beneficiary. There is no limit on how many beneficiaries you may agree to support, but we will determine whether you have the financial ability to support all beneficiaries you have agreed to support for the duration of their parole period, which is up to three years. Each Form I-134A must be submitted using the petitioner’s same USCIS online account. It is also permissible to have co-supporters join you to support all the beneficiaries. Please see Q17. What if a derivative beneficiary was not included on the approved Form I-130? Can I submit a Form I-134A on their behalf as a derivative beneficiary? If a principal beneficiary married or had a child after we approved the underlying Form I-130, you may also file Form I-134A to request to be a supporter and initiate the FRP process for the principal beneficiary’s spouse or child under age 21 (often referred to as add-on derivatives). Certain circumstances may affect eligibility. The invitation you receive instructing that you may file Form I-134A will not list the add-on derivatives because they were not listed on the underlying Form I-130 you filed and USCIS approved. However, you may still file Form I-134A requesting to be a supporter and initiate the FRP process for the add-on derivatives of the principal

Family Reunification Parole Processes (FRPP) Family Reunification Parole Process (FRPP) is a program established by the U.S. Citizenship and Immigration Services (USCIS) to reunify eligible family members of U.S. citizens and lawful permanent residents (LPRs) who are waiting for their immigrant visas. It’s designed to allow certain family members to come to the United States while they wait for their immigrant visas to become available, rather than waiting in their home countries. The FRPP allows the USCIS to grant parole on a case-by-case basis, usually for humanitarian reasons, to eligible family members who would otherwise face a significant waiting period before they can join their U.S. citizen or LPR relatives. The program primarily targets family members from countries with high demand for immigrant visas. It’s important to note that while FRPP can facilitate family reunification, it doesn’t grant permanent legal status in the United States, and beneficiaries must continue their immigration process to obtain lawful permanent residence. Noncitizens that come to the United States through this process will be paroled into the country on a temporary basis under INA §212(d)(5); 8 U.S.C. § 1182(d)(5). How will USCIS decide who is invited to request to enter the United States under the family reunification parole processes? This decision will be based on multiple discretionary factors, including the number of requests that can be efficiently processed and the amount of time a beneficiary may need to wait before an immigrant visa becomes available to them. Invitations will be sent on a rolling basis. Who is eligible for consideration for parole under the family reunification parole processes? The family reunification parole processes are available by invitation only to certain petitioners whose Form I-130, Petition for Alien Relative, filed on behalf of principal beneficiaries who are nationals of Colombia, El Salvador, Guatemala, or Honduras, have been approved.  Invitations will identify the principal beneficiary and their immediate family members. This process allows U.S. citizen and lawful permanent resident petitioners to initiate a process for their eligible beneficiaries to be paroled into the United States while they wait for their family-based immigrant visas to become available. For more information, see the Eligibility section of www.uscis.gov/frp. How long is the period of parole under the family reunification parole processes? Individuals granted parole under these processes will generally be paroled into the United States for a period of up to three years, subject to applicable medical and vetting requirements. QUESTIONS RELATING TO SUPPORTERS AND FILING FORM I-134A How are invitations being issued?The Department of State’s National Visa Center (NVC) will email the invitation to petitioners at the email address of record for the approved Form I-130. If there is no email address of record, the NVC will mail the invitation to the petitioner’s mailing address of record. Please make sure the NVC has your current contact information and mailing address. To update your contact information or address, contact the NVC through their Public Inquiry Form.  Invitations will be issued on a rolling basis, based on U.S. government operational capacity, the expected period of time until the principal beneficiary’s immigrant visa becomes available, and consistency to ensure process integrity. If you have not yet received an invitation, you may receive an invitation in the future.  How can attorneys fill out Form I-134A for their clients who would like to request to be a supporter and initiate an FRP process on behalf of a beneficiary?There is no option at this time for an attorney or accredited representative to use an online representative account to file Form I-134A on behalf of a petitioner or submit travel authorization information on behalf of a beneficiary after confirmation of a Form I-134A. I am an attorney assisting a supporter with Form I-134A. If the petitioner fills out the preparer declaration on the form, can I get information about the petitioner or beneficiary?No. The preparer declaration simply reflects that you helped an individual complete the declaration (form filling). If you are an attorney or accredited representative, you must submit a Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, to USCIS if you wish to receive information about your client’s (petitioner’s) Form I-134A. We do not currently allow representatives to complete Form I-134A online on behalf of a petitioner using a representative account. However, a representative who has submitted a valid Form G-28 to USCIS separately through a representative account may inquire about their client(s)/supporter(s) case by contacting the USCIS Contact Center. Can I submit Form I-134A by paper?No. Form I-134A may only be filed online through your USCIS online account. Can I submit Form I-134A on behalf of my family member if I live outside the United States?No. The family reunification parole processes are available by invitation only to petitioners whose Form I-130, Petition for Alien Relative, filed on behalf of principal beneficiaries who are nationals of either Colombia, El Salvador, Guatemala, or Honduras, have been approved. The invitation will list the principal beneficiary and their immediate family members. At this time, invitations will not be sent to petitioners with addresses outside the United States. Is there a cost to file Form I-134A?No. There is no fee to file Form I-134A. Neither you nor the beneficiary is required to pay the U.S. Government a fee to file the Form I-134A, be considered for travel authorization, or parole. Beware of any scams or potential exploitation by anyone who asks for money associated with participation in this process. I want to submit Form I-134A on behalf of a family of 4. Can I file one Form I-134A for the entire family?No. You must file a separate Form I-134A for each beneficiary, including minor children. Can I agree to support more than one beneficiary?Yes. If you received an invitation, you may submit a separate Form I-134A for the principal beneficiary and a separate Form I-134A for each derivative beneficiary. There is no limit on how many beneficiaries you may agree to support, but we will determine whether you have the financial ability to support all beneficiaries you have agreed to support for the duration

Employers sometimes need to hire foreign labor when there is a shortage of available U.S. workers to fill certain jobs. Under certain conditions, U.S. immigration law may allow a U.S. employer to file a Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS) on behalf of a prospective foreign national employee. Upon approval of the petition, the prospective employee may apply for admission to the United States, or for a change of nonimmigrant status while in the United States, to temporarily work or to receive training. For most employment-based nonimmigrant visa categories, the employer starts the process by filing Form I-129 with USCIS. Filing instructions and forms are available on the USCIS web site at www.uscis.gov. Please note that in some cases the employer must file a Labor Condition Application or Application for Temporary Employment Certification with the Department of Labor (DOL) and/or obtain certain consultation reports from labor organizations before filing a petition with USCIS. What are the various types of visa classifications under which a foreign national may temporarily engage in employment or training? The following are the most common visa classifications under which a foreign national may temporarily work or train: Am I required to file an application or other request with the U.S. Department of Labor for each foreign national employee? Certification from the Department of Labor (DOL) is required only for the H-1B, H-2A, and H-2B nonimmigrant classifications. You must first request certification from DOL before submitting your I-129 petition to USCIS. For H-1B nonimmigrants, a Labor Condition Application, and for H-2A and H-2B nonimmigrants, an Application for Temporary Employment Certification must be filed in accordance with DOL instructions. For filing instructions and other information, please see the DOL Web site at www.foreignlaborcert.doleta.gov. DOL certification is not required for the other nonimmigrant, employment-based, or investor-based visa classifications previously listed. What happens after I file a Form I-129, Petition for aNonimmigrant Worker?After you file, we will send you a receipt so you know that we havereceived your petition. If your petition is incomplete, we may have toreject it and return your fee,or ask you for more evidence or information, which will delayprocessing. We will notify you when we make a decision. If theprospective employee is in the United States in a valid nonimmigrantstatus, he or she can begin working for the employer upon approvalof the Form I-129 petition, provided that: How can an employee extend his or her status if it is aboutto expire? If it appears that an employee may be needed longer than the period for which he or she was approved in his or her current nonimmigrant status, an employer may be able to file a new Form I-129 petitionon behalf of the employee. To avoid disruption of authorized employment, employers are encouraged to file a petition to extend the employee’s status well before it expires. Note, however, that if the employee has already stayed for the maximum allowable period of time, an extension may not be granted. If I filed for an extension of status for my employee, buthave not received a decision by the time his or her statusexpires, can I continue to employ the individual? If:

WHAT IS THE SELECTIVE SERVICE? The Military Selective Service Act requires that all men (including anyone whose gender was assigned as male on their birth certificate) living in the United States register with the Selective Service System (SSS) within 30 days of their 18th birthday. The SSS is used by the U.S. government in times of war to draft soldiers into service. While there are currently no plans to draft soldiers into the military, the U.S. government views the Selective Service as an important readiness tool in case there is a significant military conflict that requires more troops than have voluntarily joined the military. This law applies to all men living in the United States, including U.S. citizens, green card holders, people in valid immigration status, as well as anyone whose status has expired or is otherwise undocumented. Only men who are in the United States between the ages of 18 and 26 years old are required to register. ARE THERE ANY EXCEPTIONS? Yes. First, if you entered the United States after the age of 26 or were not in the United States between ages 18 and 26, you do not need to register because you entered after the required age. Second, if you are in a valid non-immigrant status (such as a student visa) until the age of 26, you are seen as living here only temporarily because of the temporary nature of your visa and not required to register. Third, men born after March 29, 1957, and before December 31, 1959, are not required to register. SEE CHART OF WHO MUST REGISTER FOR SELECTIVE SERVICE HOW TO: CHECK YOUR SELECTIVE SERVICE REGISTRATION If you are a man – or were assigned the gender of male at birth – and you were in the United States between the ages of 18 and 26 years old, you should check yourSelective Service record to see if you registered. If you became a lawful permanent resident between the ages of 18 and 26, USCIS may have sent your information tothe SSS based on your permanent residence application, and you may have been registered that way. ONLINE: If you registered for the Selective Service with your Social Security number, you can verify your registration online at https://www.sss.gov/verify/. You will need to provide your last name, Social Security Number, and date of birth.If a record is found, you can download and print an official Selective Service Registration Acknowledgement Letter from the web site and include it with your application. BY PHONE: If you can’t verify your registration because you don’t or didn’t have a Social Security number at the time you filed, you will have to call the SSS at 888-655-1825. WHAT IF I WAS SUPPOSED TO REGISTER AND DIDN’T? If you have not or did not register and you are between the ages of 18 and 26, you should register immediately. If you are over the age of 26 but were in the United States between the ages of 18 and 26,and the failure to register was within the good moral character time period, you will have an opportunity to submit your statement and other evidence to USCIS showing that you did not knowingly or willfullyfail to register. USCIS may also require you to submit a Status Information Letter stating whether you were required to register. You can find this form online by visiting https://www.sss. gov/verify/sil/, which you will have to download, complete and mail to the address below: SELECTIVE SERVICE SYSTEMATTN: SILP.O. BOX 94638PALATINE, IL 60094-4638You can also call the SSS to request the Status Information Letter by phone at 847-688-6888. WHEN I REGISTERED FOR SELECTIVE SERVICE, I MAY HAVE USED A SOCIAL SECURITY NUMBER (SSN) THAT WAS NOT MY OWN. WHAT SHOULD I DO? You can update your Social Security number with the SSS by calling 1-847-688-6888 during business hours (9am to 5pm Eastern). Changes can take several weeks to complete, and the SSS will send you a new registration letter with the updated information. You can also write to the SSS and request the change: SELECTIVE SERVICE SYSTEMP.O. BOX 94638PALATINE, IL 60064-4638 WHAT ABOUT TRANSGENDER INDIVIDUALS? ACCORDING TO THE US GOVERNMENT (from SSA.gov): US citizens or immigrants who are born male and changed their gender to female are still required to register. Individuals who are born female and changed their gender to male are not required to register. OPM notes that “transgender” refers to people whose gender identity and/or expression is different from the sex assigned to them at birth (e.g. the sex listed on an original birth certificate). The OPM Guidance further explains that the term “transgender woman” is typically used to refer to someone who was assigned the male sex at birth but who identifies as a female. Likewise, OPM provides that the term “transgender man” typically is used to refer to someone who was assigned the female sex at birth but who identifies as male. > The legal authority is based on the Military Selective Service Act (MSSA), which does not addressgender identity or transgender persons. >Presidential Proclamation 4771 refers to “males” who were “born” on or after January 1, 1960. >Changes to the MSSA involving Selective Service registration requires Congressional action. It cannotbe changed through Presidential Proclamation or Executive Order. As such, the registrationrequirement remains based on the assigned gender at birth. NOTE: Transgender students are welcome to call us at 888-655-1825 regarding their registration requirements if they need a status information letter from Selective Service that clarifies whether or not they are exempt from the registration requirement. Individuals who have changed their gender to male will be asked to complete a Status Information Letter (SIL) request form and provide a copy of their birth certificate. Keep your original SIL and send copies to state-based financial aid institutions if needed. FUN FACT: THE SELECTIVE SERVICE SYSTEM’S ANNUAL BUDGET IS $26,000,000.00 Learn more about the requirements for selective service registration from the government’s website.

HOW TO FILE TAXES IF YOU ARE AN IMMIGRANT AND DO NOT HAVE A SOCIAL SECURITY NUMBER. WHAT IS AN TIN? An Individual Taxpayer Identification Number (ITIN or a TIN) is a tax processing number issued by the U.S. Internal Revenue Service (IRS). A TIN consists of nine digits, beginning with the number nine (i.e., 9XX-XX-XXXX). Since 1996, the IRS has issued ITINs to taxpayers and their dependents who are not eligible to obtain a Social Security number (SSN). WHY DOES THE IRS ISSUE TINS? All wage earners—regardless of their immigration status—are required to pay federal taxes. The IRS provides TINs to people who are ineligible for an SSN so that they can comply with tax laws. WHO USES A TIN? Taxpayers who file their tax return with a TIN include undocumented immigrants and their dependents as well as some people who are lawfully present in the U.S., such as certain survivors of domestic violence, Cuban and Haitian entrants, student visa–holders, and certain spouses and children of individuals with employment visas. As of January 2021, the IRS reported that there were 5.4 million active TINS Once a person who has been issued a TIN is eligible to apply for an SSN, the person may no longer use the TIN. WHAT IS A TIN USED FOR? TINs are issued by the IRS specifically as a means to pay federal taxes. While the IRS issues them solely for this purpose, TINs may sometimes be accepted for other purposes, such as for opening an interest-bearing bank account, in employment dispute settlements, or for obtaining a mortgage. WHY DO UNDOCUMENTED IMMIGRANTS NEED A TIN? In addition to being required to pay taxes, immigrants benefit from filing income tax returns because: It demonstrates that they are complying with federal tax laws. Filing federal taxes is a way for immigrants to further contribute to the economy. It is one way that people who may have an opportunity to legalize their immigration status and become U.S. citizens can prove that they have “good moral character.” Immigrants can use tax returns to document their work history and physical presence in the U.S. In order to be eligible for legal immigration status under any future immigration reform, people who currently are unauthorized to be in the U.S. most likely will have to be able to prove that they have been employed and have lived continuously in the U.S. for a certain number of years. People who file tax returns can claim crucial economic supports, such as the Child Tax Credit, including the refundable portion (also known as the Additional Child Tax Credit). Filing a tax return is required in order to be able to claim insurance-premium tax credits for family members—often U.S. citizen children—who are eligible for health care coverage under the Affordable Care Act (ACA, or “Obamacare”). These tax credits are necessary to help make health insurance affordable to people who otherwise would not be able to buy it. Individuals who are eligible to file their taxes with a TIN can establish that they are eligible for an exemption from the ACA’s individual mandate, which requires that people have health insurance. Undocumented immigrants are excluded from all ACA benefits, so they are not eligible to buy health insurance through the ACA’s health care marketplace, even at full cost. Immigrant workers who receive settlement payments as a result of an employment-related dispute will be subject to the maximum tax withholding rate, unless they have a TIN. For example, for a worker with a TIN, the withholding on back wages paid to the worker because of a settlement will be based on the worker’s family status and the number of exemptions the worker can claim. By contrast, if the worker did not have a TIN, the withholding would be figured as if the worker were single with no exemptions. Similarly, for workers without TINs, the withholding on payments other than wages, e.g., on payments for punitive damages, is figured at the “backup withholding” rate of 28 percent, whereas workers who have TINs ordinarily would have no withholding on such non-wage payments. DO TIN-FILERS PAY TAXES? Yes. That is the whole point. IS IT SAFE TO USE A TIN? Generally, yes. The IRS has strong privacy protections in place to ensure that immigrants who report their income and file their taxes are not at risk of having their information shared. Under Internal Revenue Code section 6103, the IRS is generally prohibited from disclosing taxpayer information, including to other federal agencies. However, certain exceptions apply. For example, the IRS is required to disclose taxpayer information to certain U.S. Treasury Department employees when they request it for tax administration purposes or to other federal agencies if it’s needed for a nontax criminal investigation and a federal court has ordered that it be provided. WHAT DOCUMENTS DO I NEED TO APPLY FOR A TIN? The form used to apply for an ITIN is the W-7: https://www.irs.gov/pub/irs-pdf/fw7.pdfInstructions from the IRS to complete the W-7 form can be found here:https://www.irs.gov/instructions/iw7 You must include original documentation or certified copies from the issuing agency to proveidentity and foreign status. (A notary cannot make certified copies for you.) Passport U.S. driver’s licenseForeign driver’s licenseU.S. state identificationcardU.S. militaryidentification cardU.S. Citizenship and Immigration Services(USCIS) photo identificationVisa issued by the U.S Department of StateForeign military identification cardNational identification card (must show photo, name, current address, date of birth, and expiration date)Foreign voter’s registration cardCivil birth certificate (required for dependents under 18 years of age)Medical records (dependents only – under 6)School records (dependents only – under 14, under 18 if a student)In the case of dependents, applicants will be required to submit additional documentation(along with the passport) like: If under 6 years of age: A U.S. medical record, U.S. school record, or U.S. stateidentification card that lists the applicant’s name and U.S. address, or a U.S. visa. TIN applicants are required to provide proof of their identity, foreign nationality status, and residency. (Proof must be submitted that any applicant claimed as a dependent resides in the U.S.,