ITIN for DACA Recipients: Tax Guide Without SSN

Do DACA Recipients Need an ITIN or an SSN?

DACA approval includes an Employment Authorization Document (Category C33). With that EAD the recipient applies to the Social Security Administration and is issued an SSN. The IRS rule is straightforward: anyone eligible for an SSN must use the SSN, and an ITIN cannot coexist. DACA recipients use the SSN on every federal tax filing and W-2, even if the SSN was issued mid-year.

When Would a DACA Recipient Need an ITIN for Family Members?

• Non-DACA spouse filing jointly to claim Married Filing Jointly status
• Non-DACA parent living in the household and claimed as a Qualifying Relative dependent
• Non-DACA child claimed as a Qualifying Child dependent (the child must also meet residency and citizenship tests)
• Non-DACA sibling claimed as a dependent if supported financially

See the ITIN for DACA page for the family-member scenarios in detail.

Is the ITIN Application Safe for Mixed-Status Families?

Yes. Internal Revenue Code Section 6103 makes ITIN application data confidential. The IRS does not share ITIN files with Immigration and Customs Enforcement (ICE) for civil immigration enforcement. The IRS issues ITINs to millions of foreign nationals annually without referring any applicant to immigration authorities. Mixed-status households can file accurate, complete returns without immigration risk.

What Documents Does a Non-DACA Family Member Submit?

1. Form W-7with reason code "d" (dependent of US citizen / resident) or "e" (spouse of US citizen / resident) as applicable.
2. Valid foreign passport (stand-alone) or 2 secondary documents.
3. Federal tax return (Form 1040) claiming the family member, attached to the W-7 packet.
4. Proof of US residency for dependents (school records, medical records, lease) if the dependent lives in the US.

How Long Does the ITIN for DACA Family Members Take?

Standard IRS processing is 7 to 11 weeks; peak season (January-April) runs 9 to 13+ weeks. A Certifying Acceptance Agent (CAA) prepares the packet, verifies passports on-site (no need to mail originals), and submits the IRS-ready file. The CAA does not change the IRS clock but eliminates the rejection risks that cause most delays.

Can a DACA Recipient Sponsor an ITIN Application for a Parent?

The IRS does not use the word "sponsor" for ITINs. What the DACA recipient does is file a federal tax return that claims the parent as a dependent (Qualifying Relative). The parent's Form W-7 is then attached to that return. The DACA recipient signs the return as the primary filer; the parent signs the W-7. The whole packet goes to the IRS as one mailing.