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Will IRS Approve ITIN Application with Expired Visa?

Level 3

Great mInds,

Will IRS approve ITIN application with expired visa? Client plans to apply for ITIN for dependent children whose visas have expired and are pending USCIS extension approval. 

As far as required documentation for ITIN application are concerned, I know if the applicant is submitting passport, it should be unexpired passport. The document requirement is silent about expired visa.

Your comments would be much appreciated.

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1 Comment 1
Level 10

Per IRS: 

IRS streamlined the number of documents the agency accepts as proof of identity and foreign status to obtain an ITIN. There are 13 acceptable documents. Each document must be current and contain an expiration date. IRS will accept documents issued within 12 months of the application if no expiration date is normally available.  Documents must also show your name and photograph, and support your claim of foreign status. 


I have no personal knowledge of an application with expired documents, but from the above instructions, it seemed as though the visa has to be current.  However, if no other documents are available, and the applicant can show the pending USCIS extension, perhaps it may worth a shot.  Keep the community posted if that's how they end up proceeding.

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