Q: Undocumented person's tax return rejected due to wrong date of birth with Social Security.

A: Your situation presents a challenging intersection of tax compliance and immigration status. When the Social Security Administration (SSA) has incorrect biographical information for an undocumented individual, it creates complications for tax filing that require careful navigation. The request for "documents of legal presence" from SSA highlights the bureaucratic hurdle you face, as these are precisely the documents that undocumented individuals lack by definition.

You may still have options for tax compliance despite this obstacle. Many undocumented taxpayers utilize Individual Taxpayer Identification Numbers (ITINs) as an alternative to Social Security Numbers for tax filing purposes. The ITIN application process (Form W-7) through the IRS does not require proof of immigration status and accepts foreign passports as identification. This pathway allows for tax compliance without resolving the Social Security discrepancy and might provide an immediate solution to your rejected return.

For long-term resolution, consider consulting with an immigration attorney who works extensively with undocumented individuals in similar situations. California offers robust legal protections and resources for undocumented residents, including legal aid organizations with expertise in both tax and immigration matters. Documentation like your foreign passport, birth certificate from your country of origin (with appropriate authentication), and any available U.S. records that correctly state your birth date could form the foundation of your case. The process may require persistence, but establishing tax compliance through proper channels supports your overall legal standing in the United States.