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(b) STUDY AND REPORT REQUIRED- Within 6 months after the date of enactment of this Act, the Secretary, in consultation with the Federal functional regulators (as defined in section 509 of the Gramm-Leach-Bliley Act) and other appropriate Government agencies, shall submit a report to the Congress containing recommendations for–

(1) determining the most timely and effective way to require foreign nationals to provide domestic financial institutions and agencies with appropriate and accurate information, comparable to that which is required of United States nationals, concerning the identity, address, and other related information about such foreign nationals necessary to enable such institutions and agencies to comply with the requirements of this section;

(2) requiring foreign nationals to apply for and obtain, before opening an account with a domestic financial institution, an identification number which would function similarly to a Social Security number or tax identification number;

That last sentence basically makes clear that if you don’t have a Social Security number, you need something equivalent.

A possible alternative: ITIN - Individual Taxpayer Identification Number

This is a tax payer ID number that is considered to function similarly to a Social Security number. It won’t entitle you to Social Security benefits, but rather its purpose is for federal income taxes. Here is what the IRS says about them:

IRS issues ITINs to individuals who are required to have a U.S. taxpayer identification number but who do not have, and are not eligible to obtain a Social Security Number (SSN) from the Social Security Administration (SSA).

ITINs are issued regardless of immigration status because both resident and nonresident aliens may have a U.S. filing or reporting requirement under the Internal Revenue Code.

Once you have a ITIN number, you should legally be able to apply for a credit card without a social security number.

How to get a credit card using an ITIN

Keep in mind that you will be starting with a fresh slate once you get your ITIN, so you will probably have to start out with a secured credit card. These are credit card where you put up a security deposit, which then becomes your credit line. They often involve fees, too. But on the bright side  they are usually guaranteed approval even if you have no credit history (but you will still need your ITIN to qualify). After you have one and use it responsibly for a year or so, you might be able to qualify for something better – a regular card that is unsecured.

If you have an ITIN, a bank does have a right to deny your credit card application if you have no credit history built up on it yet (in the same way a bank is allowed to deny applicants using a Social Security number who have no credit history). But a bank does not have a right to refuse acceptance of your application for using an ITIN instead of a Social Security number. If you get hassled for applying under an ITIN here are some things you can remind them…

• Inform them you have terminated your SSN legally in accordance with 20 CFR 3 A7 404.1905, or you do not have one period.
• Inform them that the bank can not be held legally responsible by anyone for failing to obtain a SSN from you if other valid identification (like an ITIN) is provided, pursuant to 31 CFR 103.34(a)(1).
• Inform them that pursuant to 26 CFR 301.6109-1(c) they are under no legal federal or state obligation to specifically obtain a SSN from you, and doing so is actually against federal SSA policy.
• Inform them that 42 USC 408 makes it a felony to use threat, duress, or coercion to try and force a person by fear or deceit to provide a SSN.

Without a social security or ITIN?

Lastly, if you want to apply for a card without a Social Security number and without a ITIN, then you will be out of luck. Reloadable prepaid debit cards will also require a Social Security or ITIN. If you really insist on the ability of having a card you can use to buy things, then you can use Visa gift cards or MasterCard gift cards. These can be purchased in various amounts for a fee and used for purchases anywhere Visa/MasterCard is accepted.