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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28673
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My son got a job working company that subcontracts patrol.

Customer Question

My son got a job working for a company that subcontracts for border patrol. He was born 2SEP1992 in Germany. At the time, my husband was a soldier stationed in Butzbach Germany. I was the army wife. I had him in a German hospital. He was given a US birth
certificate. It is an FS-240. Today he was told that the FS-240 is no longer a valid proof of citizenship and he was denied employment. He's in a panic. He needs this job. We do not know what else there is to do to prove that he's a US citizen. (The driver's
license isn't enough... that he used the FS-240 to get) We're lost at this point. If he doesn't have a valid birth certificate... OK. I'm so baffled that I can't even finish that sentence. This was good enough to get him through public school, into college,
grants, a driver's license, employment... But not NOW? Why?? I've got a ton of friends who are army brats who are VERY upset about this. They all were born overseas and the idea that they can be denied employment from that is insane. HE didn't do this. HE
should not be punished for being the son of a soldier. Help!
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

The FS-240 is a Consular Report of Birth of a child who derived citizenship through a US citizen parent!

Here is the Custom and Border Patrol's website verifying his FS-240 as evidence of holding US citizenship.

https://help.cbp.gov/app/answers/detail/a_id/1043/~/birth-abroad-of-a-u.s.-citizen

Does your son have a US passport?

Don't fret we will get this sorted out.

Judith

Customer: replied 1 year ago.
He doesn't have a valid passport. He was just a kid that last time we did Germany and it's expired.Drivers license... social... no BC that they'll accept.The frustrating thing is... what do we *do*?
Customer: replied 1 year ago.
We came back the last time from Germany in Feb of 2002. He hasn't renewed his passport because he had no plans to travel abroad. Didn't think he'd need it for anything else.
Expert:  Judith Ludwic replied 1 year ago.

OK, I think I see what the problem is.

The USCIS website does not list the DS-240 as evidence of US citizenship for purposes of completing the I-9 form which is verification of Identity and permission to work

However he can show his US driver license and his original SS card.

Does he have a Social Security card and a state driver license or ID?

Judith

Customer: replied 1 year ago.
Not DS-240. FS-240.That is the birth certificate form for every army brat.
Customer: replied 1 year ago.
That is the form that he used to GET his social and drivers license. That's what I used to get his passport when he was a baby and to put him in school.The FS-240.
Expert:  Judith Ludwic replied 1 year ago.

I'm sorry for the typo. Yes I meant FS.

I know what the FS-240 is.

I even gave you the CBP link to their recognition of that as a form evidence of US citizenship.

https://help.cbp.gov/app/answers/detail/a_id/1043/~/birth-abroad-of-a-u.s.-citizen

I know that is what you used to get his his baby passport and SSN.

What I am asking you now is whether he has a valid driver license and SSN card.

I am trying to help you.

The problem is he has to complete the I-9 to start work and it only allows certain documents per the USCIS regs and they do not have the FS-240 on the list

HOWEVER, he can present his valid state driver license as a form of verifying his identity

And he can present his SS card as evidence of his right to work

That would resolve the issue.

I have no way of knowing if he has these two documents so he can complete the paperwork to go to work.

Now if the contractor has something in writing from the CBP that they may only hire US citizens, your son needs to refer them to the CBP website to show that this is satisfactory evidence of his US citizenship

https://help.cbp.gov/app/answers/detail/a_id/1043/~/birth-abroad-of-a-u.s.-citizen

AND provide them the valid unexpired driver license and SSN card as evidence of his identity and work authorization.

I get that you are frustrated but not answering my question is not giving me the info I need.

Judith

Customer: replied 1 year ago.
Sorry for the confusion.He had his wallet stolen a few months ago. Got the DL replaced, but hasn't gotten around to fixing the SS card. He did attain employment with his DL and his FS-240 without a problem until now. He's never had an issue in the past, so he didn't think that the SS card was that important.Am I right to understand that every American can get employment with a BC and a DL... but not army brats who were born abroad?What bothers me is that the SS card is very easy to reproduce. The FS-240... not as much.Most people don't have passports. That costs money and rarely comes up unless somebody is deploying or going on a cruise. If army brats need this as proof of citizenship in their own country, they should know.
Customer: replied 1 year ago.
The link you sent me only says passport, permanent resident visa, diplomatic blah blah... nowhere does it say anything about a drivers license or social security card.I'm talking about employment for US citizens. A valid birth certificate should be proof of citizenship. A FS-240 is a valid birth certificate.
Customer: replied 1 year ago.
It says here that an FS-240 is valid proof of citizenship.http://www.uscis.gov/us-citizenship/proof-us-citizenship-and-identification-when-applying-job
Expert:  Judith Ludwic replied 1 year ago.

Then he has a problem. He doesn't need a passport. He can show the other forms of evidence.

I gave you the other links to being able to show the Driver License and the SS card:

HOWEVER, he can present his valid state driver license as a form of verifying his identity

http://www.uscis.gov/i-9-central/acceptable-documents/list-b-documents

And he can present his SS card as evidence of his right to work

http://www.uscis.gov/i-9-central/acceptable-documents/list-c-documents

Customer: replied 1 year ago.
According to the following, the FS-240 is a valid proof of citizenship. Am I reading this wrong?http://www.uscis.gov/us-citizenship/proof-us-citizenship-and-identification-when-applying-job
Expert:  Judith Ludwic replied 1 year ago.

My dear we are having some difficulty with communication.

I'm not sure how I can clarify that that is evidence of citizenship. I have agree to that but what I don't seem to be able to get across is that he has to provide the documents for the I-9 form or the employer may not hire him. The FS-240 is not on that list A as you have read and can see yourself.

So the alternative is one document from each of these lists

No amount of demanding them to accept a document not on list A will convince them to put your son on the payroll

He has to comply. He will have to go get a new SS card and present that and his DL.

That is the law for an employer to be able to put someone on payroll.

Judith

Expert:  Judith Ludwic replied 1 year ago.

You can contact your US Senator's office and demand that they change the USCIS regulations requiring specific documents as evidence.

http://www.contactingthecongress.org/

No birth certificate is sufficient to prove identity and work eligibility. It has no current picture on it. You can buy a fraudulent birth certificate off any street corner in any big city in the US. That is why the lists name specific documents that are acceptable.

Judith

Expert:  Judith Ludwic replied 1 year ago.

I did find this on the USCIS website regarding the use of the FS-240 for the I-9 form

http://www.uscis.gov/i-9-central/i-9-central-questions-answers/faq/form-consular-report-birth-abroad-fs-240-acceptable-list-c-document-if-not-can-it-be-added-list-acceptable-documents

The Consular Report of Birth Abroad (FS-240) is not acceptable for Form I-9 purposes. Before USCIS may change the List of Acceptable Documents for Form I-9, USCIS would need to make changes to the regulations following the proper rulemaking procedures. Currently, the Certificate of Birth Report (DS-1350) and Certification of Birth Abroad (FS-545) remain acceptable for Form I-9 purposes.

Last Reviewed/Updated:

09/01/2015

The best your son can do is get his SS Card or contact your US Senator to get the regulations changed.

I'm sorry but there is no wiggle room here.

Does the law make sense? No. But it is the law and as usual USCIS right hand doesn't know what the left is doing. On one page it says it is evidence of US citizenship and on the other it does not recognize it as such. Very very frustrating. Absolutely contact your US senator.

Judith

Customer: replied 1 year ago.
Thank you for digging deeper. As a military family, we have MANY friends who are very upset about this at the moment. ALL of them have used their FS-240 for employment and education and... well... everything. It's their birth certificate. It's the primary form that they use to get all of the *other* forms. Without it, there is no drivers license, passport, or SS card...This is the first instance of anyone even hearing of an issue with the form. (30 years of military life and this has NEVER happened to anyone who I've even ever known.)We will absolutely be contacting our senator. (Of course that's McCain... so it's not like there's a lot of help in that department. Maybe Flake will listen.)
Expert:  Judith Ludwic replied 1 year ago.

I hear you! And perhaps McCain's office just may be the one to help since he is so proud of his military service and our men and women who serve.

I have done my very best to assist you and explain what the issue is. Unfortunately, I am not a legislator and am limited to what I can do to assist in a resolution of this. I have tried to provide good customer service and be as thorough as possible so you can understand the issue is not with your son's status as an American citizen but with the regulations and the documents acceptable for the I-9.

I am very proud to work for JustAnswer and to be able to help people. This is my full-time job and if you would take the time to rate my customer service I would appreciate it. We are not on salary and only compensated if we receive a positive customer service rating.

I am very interested in what the Senator's office has been able to do to help you. It will assist me in the future with similar issues customers have.

Judith

Expert:  Judith Ludwic replied 1 year ago.

Shay,you and your son have been on my mind all day yesterday. What is the status of the situation? Did he go to SSA for a new card? Were you able to get any help from the Senator's office?

This is such a good opportunity for your son, I am hoping that the contractor will give him a short while to sort this out by getting his SSA card to use with his DL. You can fight the other battle but let's get him on the job!

Keep me posted. I have a son about his age and I totally understand how important it is for him to get this first important job.

Judith

Expert:  Judith Ludwic replied 1 year ago.

I sent you a very low offer for a telephone call. The lowest the site allows because I am truly concerned for him. If you think a call might be helpful, I am available just about anytime.

Judith

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