Immigrants in the United States under Asylum, Temporary Protected Status (TPS), and parole (with a financial sponsor), all of whom pass and are approved by the U.S. Citizenship and Immigration Services (USCIS), have varying rights and obligations when it comes to paying taxes, depending on their status. They need either a Social Security Number (SSN), which is tied to work authorization, or an Individual Taxpayer Identification Number (ITIN) to file taxes.
The IRS does not require proof of legal immigration status to issue an ITIN, ensuring that anyone earning income, regardless of status, can comply with tax laws.
Now, did you mean illegals 🤔👉🏻? and the answer is yes; many do file taxes using an ITIN. Filing isn’t just about legality, it’s often a deliberate choice to demonstrate good moral character and compliance with U.S. laws, which can be advantageous for future immigration applications. Asylum
•Immigration Law:
◦Governed by the Immigration and Nationality Act (INA), specifically INA § 208 (8 U.S.C. § 1158), which outlines asylum eligibility and rights.
◦Once granted asylum, individuals are lawful residents and subject to tax obligations like U.S. citizens. Asylum seekers with pending applications can work after 150 days (per 8 CFR § 208.7), triggering tax duties upon earning income.
◦Where to Find: INA at USCIS (uscis.gov/laws-and-polic…) or CFR at ecfr.gov under Title 8.
•Tax Law:
◦As resident aliens, asylees follow IRS rules for residents (Publication 519, Chapter 1). Pending asylum seekers with an EAD file as nonresident or resident aliens based on their time in the U.S.
◦Where to Find: IRS Publication 519 (irs.gov/pub/irs-pdf/p5…).