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My husband was born in Japan to an American father and therefore he is a U.S. citizen. All the correct paperwork was filed with the consulate when he was a newborn. When my husband was a teenager his birth certificate was lost and his father tried to get a copy from Japan with no luck. My husband had a driver's license to use as ID, so for decades the lack of birth certificate wasn't an issue.
Now with all the Homeland Security changes a birth certificate is needed more than ever before. So, we contacted the State Dept. and were able to get a copy of the Consular Report of Birth Abroad which serves as proof that my husband is a U.S. citizen. However, as of December 31, 2010 the State Dept. no longer issues the DS-1350, Certification of Birth. This is the document that would have served the same purpose as a birth certificate. So, without a birth certificate or the DS-1350 my husband is told that he will not be able to get his SS benefits. He's only 58 now so we have a few years to work on this, but so far we're not having any luck.
We checked with the SS office and they won't accept the Consular Report of Birth Abroad in lieu of a birth certificate. We also checked with the State Dept. Passport office and talked with a supervisor who said there isn't anything they can do to help since Homeland Security stopped the issuance of the Certification of Birth. I've gone to gov websites and found that the consulates don't keep the information and that it's kept in Washington, however that points right back to the State Dept. which is a brick wall we keep hitting.
So, we're running out of ideas. Has anyone had a similar experience, or have any ideas? Thanks!
Have you asked about the FS-240? I haven't dealt with this issue but found the following that may help give you answers. The SSA may not accept the DS-1350 but should accept the FS-240.
From the site:
"In January 2011, the Department of State began issuing a redesigned FS-240 Consular Report of Birth Abroad (CRBA). This new CRBA has been updated with a variety of state of the art security features, and is printed centrally in the United States. U.S. embassies and consulates no longer print CRBAs locally. The central production and the elimination of blank FS-240s around the world help ensure uniform quality and reduce the vulnerability to fraud.
The previous version of the FS-240 continues to be a valid proof of U.S. citizenship in accordance with 22 U.S.C 2705."
I hope this helps. If not, you may want to contact an attorney who specializes in these matters, the U.S. embassy or consulate, or your state representative to find out why the Social Security Administration isn't accepting an alternative to the form that has been eliminated. Perhaps they are not aware of 22 U.S.C 2705. I wouldn't be surprised.
Good thing you are starting to seek this out now. It could take years to unravel the mess. All the best to you.
Will they accept a US naturalization certificate? My wife doesn't have a birth certificate (they didn't have them in her country when she was born) and she is now approaching SS retirement age.
Sometimes the office of your Congressional representative (either the Senator or the House member) will side with you and apply pressure for the right thing to be done. I think it's worth a try, especially inasmuch as what you are describing seems to be an injustice.
Will they accept a US naturalization certificate? My wife doesn't have a birth certificate (they didn't have them in her country when she was born) and she is now approaching SS retirement age.
Best advice I can offer is to call the Social Security Admin Office and ask them. Maybe Lenora can answer it. She knows her stuff about Social Security around here. Hopefully, she'll see this thread and have some answers.
Have you asked about the FS-240? I haven't dealt with this issue but found the following that may help give you answers. The SSA may not accept the DS-1350 but should accept the FS-240.
From the site:
"In January 2011, the Department of State began issuing a redesigned FS-240 Consular Report of Birth Abroad (CRBA). This new CRBA has been updated with a variety of state of the art security features, and is printed centrally in the United States. U.S. embassies and consulates no longer print CRBAs locally. The central production and the elimination of blank FS-240s around the world help ensure uniform quality and reduce the vulnerability to fraud.
The previous version of the FS-240 continues to be a valid proof of U.S. citizenship in accordance with 22 U.S.C 2705."
I hope this helps. If not, you may want to contact an attorney who specializes in these matters, the U.S. embassy or consulate, or your state representative to find out why the Social Security Administration isn't accepting an alternative to the form that has been eliminated. Perhaps they are not aware of 22 U.S.C 2705. I wouldn't be surprised.
Good thing you are starting to seek this out now. It could take years to unravel the mess. All the best to you.
Thanks for your response. Yes, we read about the FS-240 on the website and talked with two reps at the State Dept. They both told us that the FS-240 is for people under 18. They said my husband didn't qualify for that new version of the Consular record of birth abroad. He did manage to get a copy of the old version just days before they stopped issuing the old version at the end of December 2010. Unfortunately, we didn't know that they were going to stop issuing the DS-1350, Certification of birth, which is what he needs as a birth certificate. Fortunately, he can at least prove he's a U.S. citizen with the Consular record of birth abroad.
I think it's fine that they want a more secure version of the FS-240, but why stop issuing the DS-1350? That leaves everyone who was born abroad who loses their birth certificate or original certification of birth up a creek. This will effect a lot of people. The rep at the State Dept said they get hundreds of calls and just have to tell people that there is nothing they can do for them and that there is no other government agency that can help. In other words, they are telling people it's hopeless.
I will be checking into what type of lawyer would handle this type of problem. It doesn't seem like it would be Immigration since he was always a U.S. citizen, so not naturalized.
Will they accept a US naturalization certificate? My wife doesn't have a birth certificate (they didn't have them in her country when she was born) and she is now approaching SS retirement age.
My husband was born abroad to a U.S. citizen (father), so he was a U.S. citizen and therefore not naturalized, so the immigration dept. can't help since it's not an immigration issue.
The records are kept in Washington and until December s2010, they issued copies. It is really wrong that they are refusing to issue records since they are the only ones who have them.
My husband was born abroad to a U.S. citizen (father), so he was a U.S. citizen and therefore not naturalized, so the immigration dept. can't help since it's not an immigration issue.
The records are kept in Washington and until December s2010, they issued copies. It is really wrong that they are refusing to issue records since they are the only ones who have them.
Looks like an attorney will be needed. Have you contacted your Congressman/Senator? I've had to go that route to unblock stonewalling from INS in the past.
Sometimes the office of your Congressional representative (either the Senator or the House member) will side with you and apply pressure for the right thing to be done. I think it's worth a try, especially inasmuch as what you are describing seems to be an injustice.
Thanks for the suggestion. You are right, it is an injustice. Other than getting a lawyer, trying to see if I can get help from a senator or house member is about all I can think of to do at this point.
You know, Homeland Security seems like a cancer that is slowly (or, not so slowly) eating away at our rights. They are the ones behind these changes. Fine, update the forms to make them more secure, but why do away with access to one critical document and limit access to the other (anyone over 18 can't get either). So, if you are over 18 you are out of luck. You can't get a document that proves citizenship and you can't get the other that proves your birth. Both of which are needed for countless things including SS benefits.
Last edited by isabella20; 01-27-2012 at 01:53 AM..
Best advice I can offer is to call the Social Security Admin Office and ask them. Maybe Lenora can answer it. She knows her stuff about Social Security around here. Hopefully, she'll see this thread and have some answers.
Thanks for your suggestion. My husband went to our local SS office with his paperwork, which included a certified copy of the Consular report of birth abroad and they said that they needed a birth certificate. After finding out he couldn't get a DS-1350, Certification of birth from the State Dept, he then called the SS office a couple of times and got conflicting answers about what they required. One said a passport would do and another said he needed the birth certificate.
He was going to try to get a passport using the documentation he has, which includes a certified copy from the State Dept passport office of his passport application from when he was about 12 and the consular report of birth abroad. But, he wanted to go to a passport office in person, so he wouldn't have to relinquish his only documentation that proves he's a citizen. He's afraid they will lose it, or since he's starting to get a little paranoid he's worried that they might confiscate his documents. Actually, after doing some reading about other people's problems with our government and birth certificate issues I'm not sure that it's paranoid to think they might do such a thing.
In any case, he called the passport office and they said the only way you can get an appt. in person is if you need to travel within two weeks and can prove it, but only some kind of situations will work such as needing to travel for work. He was told that even if his mother just died in another country, they wouldn't issue an expedited passport in person. That's not what it sounds like when you read the website, but they said he would have to go to his local post office and give them his paperwork. He's really afraid to hand over to them his documentation and I really don't blame him.
He plans to make some more calls tomorrow, but it's starting to seem pretty grim. I'm afraid our only options are going to be working with and attorney if we can find one that thinks they can help, or long shots like getting the help of a senator or house member.
I appreciate everyone's suggestions. Thanks.
Last edited by isabella20; 01-27-2012 at 01:57 AM..
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