Social Security Administration and INS Acting As a Team to Reduce Fraud

In recent months, many foreign nationals have been experiencing delays and stricter policies at SSA offices when applying for a social security number. This is due in part to SSA’s increased scrutiny and changes in criteria for issuing social security cards. In fact, the SSA may be making plans to initiate an electronic verification process with the INS to verify immigration documents before issuing social security numbers and cards. According to an AP report of statements made by James B. Lockhart III, Deputy Commissioner of the Social Security Administration, prior to this new process, the SSA could not verify immigration documents or the visa status of non-citizens because no system was available to do so within a reasonable amount of time.

According to the AP report, Commissioner Lockhart stated that in June, the SSA started verifying birth records of individuals born in the U.S. over age 1 who were applying for a Social Security number. In addition, the administration is looking into the implementation of a system that will assign Social Security numbers to new immigrants when the State Department approves an immigrant visa at the U.S. consulate or embassy abroad. The SSA’s goal is to make it more difficult to obtain valid social security numbers with fraudulent documentation.

Recent statements made by an SSA representative, however, seem to contradict what has been reported with regard to the verification of immigration status, and the final implementation remains unclear. In fact, at a recent meeting at the U.S. Chamber attended by GT attorneys, an SSA administrator stated that what the SSA is working toward with the INS is actually a system to streamline the issuance of social security numbers in tandem with the work authorization or visa benefit, much like the agency now works with hospitals to issue social security numbers to newborns.

It is also interesting to note that the SSA’s push to correct its files and increase issuance of no-match letters was put into practice at about the same time as the agency stopped issuing social security numbers to foreign nationals who requested them in order to obtain a driver’s license. This policy, implemented in March, has made it difficult for some immigrants to obtain driver’s licenses, open bank accounts and use other services for which a social security number is often required.

At this time, to obtain a social security number the following is required:

• At least two documents as evidence of your age, identity, and U.S. citizenship or lawful alien status.
  1. Age: The SSA prefers to see the birth certificate. Other documents can be accepted, such as a religious record made before 3 months of age. If you were born outside the U.S., your passport will be accepted.
  2. Identity: The SSA must see a document in the name you want shown on the card. The identity document must be of recent issuance so that the SSA can determine your continued existence. A birth certificate or hospital birth record is not acceptable. Acceptable documents include:
     • Driver's license
     • Marriage or divorce record
     • Military records
     • Employer ID card
     • Adoption record
     • Life insurance policy
     • Passport
     • Health Insurance card (not a Medicare card)
     • School ID card
  3. U.S. Citizenship: Most documents that show you were born in the U.S. are acceptable. If you are a U.S. citizen born outside the U.S., show a U.S. consular report of birth, a U.S. passport, a Certificate of Citizenship, or a Certificate of Naturalization
  4. Alien Status: Need to provide an unexpired document issued to you by the U.S. Immigration and Naturalization Service (INS), such as Form I-551, I-94, I-688B, or I-766. The SSA CANNOT accept a receipt showing you applied for the document. If you are not authorized to work in the U.S., the SSA can issue a Social Security card if you are lawfully here and need the number for a valid nonwork reason. Your card will be marked to show you cannot work. If you do work, the SSA will notify INS. Acceptable nonwork reasons are:
• a Federal statute or regulation requires that the alien provide his/her SSN to get the particular benefit or service; or
• a State or local law requires the alien to provide his/her SSN to get general assistance benefits to which the alien has established entitlement.

Effective March 1, 2002, the Social Security Administration will no longer assign Social Security Numbers when the sole reason for needing an SSN is to comply with a State statute that requires an SSN for issuance of a driver's license. Basically, the SSA stopped issuing social security numbers to foreign nationals who requested them in order to obtain a driver’s license. This policy change has hindered immigrants without work authorization from getting driver’s licenses, opening bank accounts and using other services for which a social security number is required.

For more information on applying for social security numbers and cards please contact the GT Business Immigration group or refer to the SSA’s official website at http://www.ssa.gov/.

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