The Mega Millions lottery is one of the two major multi-state lottery games in the United States, along with Powerball. Mega Millions is played in 45 states plus the District of Columbia and the U.S. Virgin Islands. The minimum Mega Millions jackpot is $40 million, with the potential to grow into the hundreds of millions if there are multiple rollovers without a jackpot winner. This naturally leads to questions around who can and cannot play Mega Millions. Specifically, many wonder if immigrants, both legal and undocumented, are eligible to play Mega Millions.
Quick Answers
– Yes, immigrants can play Mega Millions if they are over 18 years old. There are no citizenship or residency requirements to purchase Mega Millions tickets.
– Both legal immigrants (green card holders) and undocumented immigrants can play Mega Millions. Immigration status does not matter.
– The only requirement to play Mega Millions is being physically located in a participating Mega Millions state when purchasing tickets.
– Winnings are subject to federal and possible state taxes, regardless of immigration status. Undocumented immigrants must pay taxes on winnings using an Individual Taxpayer Identification Number (ITIN).
– Mega Millions lottery winnings do not impact pending applications for legal permanent residency or citizenship.
Mega Millions Rules
The official Mega Millions rules do not prohibit non-U.S. citizens or non-permanent residents from playing. The basic requirements to play are:
- Being 18 years or older
- Being located in a participating Mega Millions state when purchasing ticket
- Using cash to purchase ticket if in person (some states allow online purchases)
There are no immigration-related restrictions mentioned in the official rules. Mega Millions lottery tickets can be purchased by anyone that meets the age, location, and purchase requirements. Immigration status does not matter.
Participating Mega Millions States
The following states participate in Mega Millions lottery drawings (as of October 2023):
- California
- Texas
- New York
- Florida
- Pennsylvania
- Georgia
- Michigan
- North Carolina
- New Jersey
- Virginia
- Maryland
- Massachusetts
- Arizona
- Washington
- Indiana
- Missouri
- South Carolina
- Wisconsin
- Colorado
- Louisiana
- Oregon
- Oklahoma
- Kentucky
- Alabama
- Delaware
- Tennessee
- Arkansas
- Ohio
- Rhode Island
- Montana
- South Dakota
- New Mexico
- Idaho
- Maine
- West Virginia
- District of Columbia
- U.S. Virgin Islands
Immigrants can legally play Mega Millions if they are physically located in one of the above participating states or jurisdictions when purchasing tickets. Their immigration status does not matter as long as they meet the basic requirements of being 18+ years old and using cash to purchase tickets.
Can Legal Immigrants Play Mega Millions?
Yes, legal immigrants can play Mega Millions if they meet the age, location, and ticketing requirements.
There are several broad categories of legal immigrants in the United States:
- Green card holders – Lawful permanent residents who have permission to live and work in the U.S. on a permanent basis. Also known as permanent resident aliens.
- Visa holders – People who have temporary U.S. visas for work, study, or other purposes. Examples include H-1B skilled worker visas, F-1 student visas, and J-1 cultural exchange visas.
- Refugees/asylees – People who have been granted asylum or admitted as refugees due to persecution or harm in their home countries.
All categories of legal immigrants can purchase Mega Millions tickets and play the lottery as long as they meet the basic age, location, and purchase requirements. Their immigration status does not prohibit them from participating.
The Mega Millions official website specifically states that non-citizens and non-permanent residents can play both Mega Millions and Powerball. Playing the lottery does not impact pending applications for U.S. citizenship or permanent residency. Lottery winnings also do not affect the ability to become a U.S. citizen or permanent resident.
Therefore, green card holders, visa holders, refugees, asylees and all other legal immigrants can feel free to try their luck with Mega Millions lottery tickets. Immigration status is irrelevant according to the official rules and guidance.
Can Undocumented Immigrants Play Mega Millions?
Yes, undocumented immigrants can also purchase Mega Millions tickets and play the lottery.
Undocumented immigrants are foreign-born people who either entered the U.S. illegally or stayed in the country after their temporary visa expired. They do not have legal authorization to live or work in the United States.
Despite their unauthorized status, there are no restrictions in the Mega Millions rules that prohibit undocumented immigrants from playing. The lottery operators do not ask for proof of legal status when purchasing tickets in-person or online.
As long as they meet the age requirement and buy tickets while physically located in a participating state, undocumented immigrants can play Mega Millions. Immigration status does not matter.
The only practical issue is that undocumented immigrants are not eligible for Social Security numbers. This means they cannot use a SSN to collect any major lottery prizes. However, they can still play Mega Millions and claim winnings using an Individual Taxpayer Identification Number (ITIN) for tax purposes.
It is also worth noting that Mega Millions lottery winnings do not impact pending immigration applications or deportation proceedings. The winnings are not considered “public benefits” that could jeopardize an undocumented immigrant’s application for legal status.
In summary, undocumented immigrants may play Mega Millions lottery tickets without restrictions as immigration status does not matter.
Taxation of Mega Millions Winnings
Mega Millions lottery winnings are subject to taxation, regardless of the winner’s immigration status. There are federal and possibly state taxes applied to major cash prizes.
Federal Taxes
For U.S. citizens and permanent residents, federal tax withholding rates on lottery winnings are:
- 24% for winnings up to $5,000
- 37% for winnings between $5,001 and $10,000
- 37% plus top income tax rate for winnings over $10,000
For non-resident aliens, a flat 30% tax rate is withheld for Mega Millions winnings, regardless of amount.
Undocumented immigrants cannot obtain SSNs to collect winnings. However, they can file federal taxes on lottery winnings using an ITIN. The same 30% flat rate applies for major prizes claimed with an ITIN.
State Taxes
Some states, but not all, also tax lottery winnings:
- California – none
- Texas – none
- Florida – none
- New York – 8.82%
- Pennsylvania – 3.07%
State taxes are withheld based on the winner’s residency status and the state where they purchased the winning ticket. In states with no income tax like California, lottery winners pay no state tax. Other states impose flat tax rates on winnings like New York and Pennsylvania.
Undocumented immigrants must consult with a tax professional to navigate state taxation. ITINs can be used to pay owed state taxes on winnings.
Claiming Mega Millions Prizes
Mega Millions has specific requirements for claiming lottery prizes based on the amount won:
| Prize Amount | Claim Method |
|---|---|
| $600 or less | Any authorized lottery retailer in participating state |
| $601 – $50,000 | Lottery office in participating state |
| $50,001 – $250,000 | Lottery headquarters in participating state |
| Over $250,000 (jackpot) | Lottery headquarters OR CLAIM CENTER if winning ticket purchased in CA, NY, TX |
For small prizes under $600, winners can collect at any lottery retailer in the state where they bought the ticket. Larger prizes must be claimed at lottery offices or headquarters, depending on amount.
Jackpot and other major prizes over $250,000 can be claimed at dedicated lottery claim centers in California, New York, and Texas. Other states require claiming jackpots and large prizes directly at lottery headquarters.
All prize winners, regardless of immigration status, must fill out a Mega Millions claim form and winner claim document. To collect the cash:
- U.S. citizens must show a Social Security number and photo ID
- Permanent residents show their green card and valid foreign passport
- Temporary immigrants provide a valid foreign passport and U.S. visa
- Undocumented immigrants use an ITIN for tax purposes and foreign passport/photo ID from home country to claim prize
Winning tickets must be signed and free of damage. Prizes must be claimed within the state expiration period, which varies by state but is generally 180 days to 1 year from the draw date.
In summary, immigrants of any legal status can claim Mega Millions prizes by providing proper identification and completing required tax paperwork.
Frequently Asked Questions
Can a tourist on vacation in the U.S. play Mega Millions?
Yes, tourists and visitors can purchase Mega Millions tickets and play while temporarily in the United States. As long as they are over 18 and buy tickets while physically located in a participating Mega Millions state, anyone can play. Immigration status does not matter.
Can a foreign student with F-1 visa play the lottery?
Yes, foreign students in the U.S. on student visas like F-1 can play Mega Millions. There are no restrictions against student visa holders participating, as long as they meet the basic age and location requirements when buying tickets.
Do I have to be a U.S. citizen to win Mega Millions?
No, you do not need to be a U.S. citizen to win the Mega Millions lottery. U.S. citizenship status does not matter. The only requirements are being 18+ years old and purchasing tickets within an eligible participating state.
Can lottery winnings be sent back to my home country?
Yes, Mega Millions lottery winnings can be sent back to a winner’s home country after claiming the prize and paying required U.S. taxes. Winners will need to work with financial institutions to transfer the funds internationally after receiving lump-sum cash payments in the U.S.
Are Mega Millions prizes subject to “public charge” rules for immigrants?
No, Mega Millions lottery winnings are not considered public benefits under immigration law. Winning the lottery does not impact eligibility for U.S. visas or green cards, even for aspiring immigrants subject to “public charge” determinations.
Conclusion
Immigration status does not affect eligibility to play Mega Millions lottery. The games official rules do not prohibit legal immigrants, undocumented immigrants, visitors, foreign students or other non-citizens from purchasing tickets and participating.
The only requirements are being physically present in a participating Mega Millions state when buying tickets and being 18+ years old. States do not check immigration status when tickets are purchased in-person or online.
Winnings are subject to U.S. tax withholding, but can be claimed using ITINs if needed. Major prizes can be transferred back to winners’ home countries after being claimed in the U.S.
In summary, playing Mega Millions lottery is open to U.S. citizens and non-citizens alike. Immigration status does not matter for purchasing tickets, winning prizes, or claiming winnings.
