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Newly arrived immigrants in the United States face a dense regulatory landscape, and certain questions come up repeatedly in forums, support groups, and initial consultations. Issues around employment verification, filing taxes without a Social Security Number, REAL ID, and how divorce affects a Green Card appear so frequently that they deserve detailed, up-to-date answers. This guide covers the five most common questions among Brazilian and Latino immigrants living in the US, answered with official sources from USCIS, the IRS, and the Department of Homeland Security.
I-9 Verification and Legal Employment
Every employer in the United States is required by federal law to verify the work eligibility of each new hire through Form I-9, which requires documents proving identity and work authorization. List A documents prove both simultaneously, such as a US passport, Green Card, or Employment Authorization Document (EAD). A combination of List B (identity) and List C (authorization) documents is also accepted.
Employers who fail to verify or who hire individuals without authorization are subject to fines per unverified worker, as outlined in the Immigration and Nationality Act. Civil penalties start at a few hundred dollars per violation and can exceed twenty thousand dollars in cases of repeat offenses or document fraud — amounts adjusted annually for inflation and published by the Department of Justice.
Employers are not required to investigate the absolute authenticity of each document presented, but must conduct a reasonable review and reject documents that are visibly fraudulent. E-Verify, an electronic system that cross-references I-9 data with DHS and Social Security Administration databases, is mandatory for federal contractors and in a growing list of states including Florida, Georgia, Mississippi, Tennessee, Alabama, North Carolina, and South Carolina, with state rules varying in scope and penalty.
Working Without Authorization and Its Consequences
Undocumented immigrants have no access to formal employment regulated by I-9. This means they cannot be placed on payroll, do not receive unemployment insurance benefits, do not accumulate qualifying Social Security credits, and have no formal protection against arbitrary dismissal or wage theft.
Working without authorization also complicates future regularization applications. Time worked outside legal status does not count as a positive immigration history and, in some cases, constitutes a ground of inadmissibility. Specific categories such as adjustment of status through marriage to a US citizen may forgive prior unauthorized work through INA 245(i) or dedicated waivers, but the general rule is that every hour worked without authorization increases the complexity of the case.
Tax Filing and ITIN
The US tax system requires an annual return from every person who receives income on American soil, regardless of immigration status. Immigrants without a Social Security Number use the Individual Taxpayer Identification Number (ITIN), issued by the IRS through Form W-7.
The W-7 is submitted along with the first 1040 return and requires an original passport or a certified copy from an IRS-credentialed Certifying Acceptance Agent (CAA). The ITIN remains valid as long as it is used on at least one return every three consecutive years, with no active renewal required.
Filing taxes, even in irregular status, brings concrete benefits: it documents physical presence in the US through IRS records, demonstrates good moral character in future regularization applications, and provides access to tax credits such as the Child Tax Credit for children with an SSN. Programs like Volunteer Income Tax Assistance (VITA) offer free guidance to low-income taxpayers in hundreds of American cities.
REAL ID and the Green Card
REAL ID is a federal identification standard created in 2005 and rolled out in phases by each state. Since May 2025, any adult boarding a domestic flight or accessing sensitive federal facilities must present a REAL ID-compliant identity document or an accepted alternative from the Transportation Security Administration, such as a valid passport or Green Card.
The Green Card (Form I-551) is itself accepted as a federal identification document that meets the REAL ID standard, with no need for an updated driver’s license. Permanent residents who wish to obtain a REAL ID driver’s license must present their Green Card, proof of state residency, and their Social Security number to the local Department of Motor Vehicles.
Divorce and Permanent Resident Status
The effect of divorce on permanent residency depends on which Green Card the person holds. The ten-year, unconditional Green Card is not revoked by divorce. The holder retains permanent residency, can renew the card normally upon expiration, and continues on the regular path to naturalization.
The two-year conditional Green Card, issued for marriages under two years at the time of approval, requires a petition to remove the conditions through Form I-751 before it expires. When the marriage ends before the deadline, it is possible to request a waiver demonstrating that the marriage was entered into in good faith, even after divorce, the death of a spouse, or abuse. USCIS requires robust evidence: joint tax returns, shared bank accounts and insurance policies, photos, correspondence, lease agreements or deeds with both names, and statements from people close to the couple.
Divorce also changes the naturalization timeline. Spouses of US citizens may apply for citizenship after three years as permanent residents, provided they remain married and living in continuous marital union. After divorce, the requirement increases to five years — the same path as any permanent resident. The physical presence requirement inside the US — half of the relevant period — remains a separate, mandatory criterion.
Victoria Harper
Editor-in-Chief
Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.
