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Ice on Immigration: The invalidation of Puerto Rican birth
certificates
By L. Patricia Ice, Featured
Columnist
Question: I am from Puerto Rico and I
have a certified copy of my Puerto Rican birth certificate issued in
2008. Is the birth certificate still valid?
Am I able to use this birth certificate
to prove that I am a US citizen for purposes of the Department of
Homeland Security (DHS) Form 1-9 Employment Eligibility Verification?
Answer: Not since September 30, 2010. On December 22, 2009,
the Governor of Puerto Rico signed a new law. As a result, after
September 30, 2010 all birth certificates issued in Puerto Rico before
July 1, 2010 are invalid, pursuant to the laws of that Commonwealth.
Beginning on October 1, 2010 only certified copies of Puerto Rico
birth certificates issued on or after July 1, 2010 will be acceptable
for Form I-9 purposes. Also beginning October 1, 2010, if an employee
presents for List C of the I-9 a birth certificate issued by the Vital
Statistics Office of Puerto Rico, the employer must look at the date the
certified copy of the birth certificate was issued to ensure that it is
still valid.
However, employers must not re-verify the employment of
existing employees who presented a certified copy of a Puerto Rico birth
certificate for I-9 purposes and whose employment eligibility was
verified on Form I-9 prior to October 1, 2010.
Furthermore, a Puerto Rican employer cannot retain an original
certified copy of a Puerto Rican birth certificate on file. The
employer can only keep a photocopy of the birth certificate, as the new
law prohibits the retention of an original birth certificate by anyone
other than the subject of the certificate and certain other
individuals.
Please consult the Department of Homeland Security web site at www.uscis.gov for
more information on this issue.
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