Using a Child's Ssn to Work in the Us: Rules, Penalties, and Legal Alternatives
Federal identity fraud statutes make no exception for parental guardianship. Under Title 42 of the United States Code, Section 408, knowingly using a Social Security number obtained on false pretenses, or using someone else's number to obtain employment or government benefits, is a federal felony punishable by up to five years in federal prison, substantial fines, or both.
Parents often assume that parental custody conveys legal authority to utilize the child's identity assets. Family law confers the right to make medical, educational, and basic welfare decisions for a minor, but it does not grant property rights over the child's personal identifier. A Social Security card is the exclusive property of the federal government, issued to track an individual's specific lifetime earnings and legal entitlements.
When an employer submits Form I-9, the parent must attest under penalty of perjury that the Social Security number and identification documents presented belong to them. Falsifying this verification constitutes document fraud under Section 274C of the Immigration and Nationality Act. This violation creates an permanent hurdle for parents hoping to adjust their status through family petitions later in life, because USCIS officers treat false claims of identity as non-waivable grounds of inadmissibility.
