Social Security Cards : The Basics
Posted Jun 07, 2002
The American Immigration Lawyers Association (AILA) has a liaison committee that meets periodically with the Social Security Administration (SSA) to discuss issues of concern to immigration lawyers and their clients. Much of the information that follows is from the liaison meeting of March 6, 2002. We also direct our readers with further questions regarding SSA to visit the extensive Social Security website, offering a wealth of detailed information, including hundreds of FAQs.
Who Can Get a Social Security Card?
There are three types of social security cards. The first is an unrestricted card. This is given to U.S. citizens and foreign nationals who are lawfully residing in the U.S. on a permanent basis (i.e. permanent residents).
The second type has a restriction clearly printed on the card stating, VALID FOR WORK ONLY WITH INS AUTHORIZATION. This card is issued to foreign nationals who are lawfully allowed to remain in the U.S. on a temporary basis in a category where work is permitted.
The third type of card is known as a "non work" card, which states NOT VALID FOR EMPLOYMENT. This type of card is issued on a very limited basis. It is only issued when a federal law requires a social security card in order to obtain a particular benefit or service or when it is required under state or local law for a benefit to which the foreign national applicant is entitled. Additionally, the foreign national must be lawfully in the U.S. in a non-working status.
As of March 1, 2002, non-work social security cards could no longer be issued for the purpose of obtaining a driver's license. We reported on this issue in our article, SSNs Not Available Solely For Issuance of Driver's License. One who is ineligible for a social security card, but needs to file a tax return, should obtain an Individual Tax Identification Number (ITIN) from the Internal Revenue Service (IRS). More information on ITINs is available in our April 19, 2002 article entitled, Individual Taxpayer Identification Number Useful.
How Does One Apply for a Social Security Card?
Non-citizens, 18 years of age or older, must apply in person for the card at a SSA office. The applicant must submit two documents as proof of age, identity, and immigration status. If the status does not necessarily allow for employment, the applicant must provide evidence of employment authorization. Details about application procedures and supporting documentation are available on the SSA WebSite. The instruction page also provides assistance in locating the nearest SSA office.
Thirty-Day Rule
The procedure for issuance of a Social Security Card varies based upon how long one has been in the U.S. If it has been fewer than 30 days, the SSA will look at the documents and process the application, provided that the documents appear valid. If there are questions of validity, the SSA will request INS verification.
If one has been in the U.S. for more than 30 days, the SSA routinely will obtain INS verification of the documents. The reason for this differing treatment is that the system used to verify the information generally does not include information for persons who have been in the U.S. fewer than 30 days. The inquiry system, known as SAVE (INS Systematic Alien Verification for Entitlements) enables online verification for persons with INS "A" numbers (alien registration numbers). The A number is issued in a variety of cases including applications for adjustment of status, employment authorization documents (EADs), removal proceedings, asylum applications, and others. Many non-immigrants, persons on H1B status, for example, do not receive A numbers.
How Long Does the Process Take?
If one has an A number and has been in the U.S. for more than 30 days, the SSA will perform an online SAVE inquiry at the time the individual makes the application for a social security number. If eligibility is verified, the Social Security Number (SSN) application is processed. A receipt can be supplied upon request. The social security card should be issued within two weeks, according to the SSA.
If the person has been present for more than thirty days but the status cannot be verified on line, the SSA will manually request verification from INS. This procedure is followed whether or not the person has an A number. The applications are held for INS response and then processed after verification is received. The timeframe for card issuance in these instances is about six weeks.
For persons who have been in the U.S. fewer than 30 days, the SSA will process the application if the documents appear valid. SSA says that, in such cases, the processing time will be two weeks.
How to Obtain the SSN Before the Card Arrives
The SSA can provide the assigned SSN by telephone for applications that have been accepted for processing. The phone number for this service is 1-800-772-1213. We called this number and were able to speak with a live agent without an extended wait. The agent advised that the caller would need to provide his/her full name and date of birth. With that information, we were advised that the applicant could obtain the number within 24 to 48 hours of applying.© The Law Office of Sheela Murthy, P.C.
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