No need to worry about Trump administration when renewing tax ID number for immigrants

Q: My mother has been filing income tax returns for more than 12 years. She received a notice from the IRS saying that she needed to renew her Individual Tax Identification Number. Should she go ahead and apply, given the Trump administration's efforts to go after undocumented immigrants? Is it safe to do that? Can she do that by mail or is it best to do it in person? L.G., New York

A: If it were my mother, I would tell her to apply to renew her ITIN. She can do that by mail. I doubt she need worry that Immigration and Customs Enforcement will come after her. The IRS wants people to report their income and pay taxes. Unless an undocumented taxpayer engages in fraud, it would be silly for the IRS to inform ICE if they suspect the ITIN holder is here unlawfully.

The ITIN is available for anyone not eligible for a Social Security card, including undocumented immigrants. It allows you to open a bank account, report taxes (and sometimes get a refund) and even get a mortgage. To get an ITIN, file IRS form W-7. For more on renewing an ITIN, call (800) 829-1040 or go to https://bit.ly/2JBUZbQ.

Q: My wife's daughter immigrated from Vietnam in 2014 at age 13. I'm a U.S. citizen by birth. Since my stepdaughter immigrated as a permanent resident before the age of 18, can she claim U.S. citizenship through me? We are having trouble getting her green card, but she has proof of entry as a permanent resident in her passport. Her mother is not yet a U.S. citizen. Name withheld, Warren, Mich.

A: Your stepdaughter cannot claim U.S. citizenship through you. A permanent resident cannot derive citizenship (get automatic citizenship) through a stepparent. If your wife naturalizes before your stepdaughter turns 18, her daughter can claim citizenship. Otherwise, she will need to apply for U.S. citizenship by filing U.S. Citizenship and Immigration Services form N-400, Application for Naturalization. In either case, her passport stamp will be sufficient proof of lawful permanent residence.

Allan Wernick is an attorney and director of the City University of New York’s Citizenship Now! project. Send questions and comments to Allan Wernick, New York Daily News, 7th Fl., 4 New York Plaza, New York, N.Y., 10004 or email to questions@allanwernick.com. Follow him on Twitter @awernick.