When applying for permanent residency in the United States, one crucial document required by both the U.S. Citizenship & Immigration Services (USCIS) and the Department of State is your birth certificate. This document plays a vital role in establishing your identity, nationality, and familial relationships, which are all key to determining your eligibility for residency. However, there are specific requirements and issues that may arise with foreign birth certificates. Here's what you need to know about navigating these challenges.
To be accepted, a birth certificate must include:
If the registration date is significantly later than one month after birth, you may need to provide additional evidence to verify the birth details. Additionally, if the birth certificate is not in English, a certified translation must be provided, confirmed by a translator who attests to their proficiency in both English and the original language.
If you cannot obtain a birth certificate due to various reasons such as records being lost, destroyed, or never officially recorded, you must provide a "Certificate of Non-Availability." This certificate must come from a relevant government authority and state why a birth certificate cannot be issued. Often, this involves situations where births were not registered or records were lost due to war or regime change.
When a conforming birth certificate is not available, secondary evidence may be necessary. Here’s how you can use it:
Affidavits of Birth: These should be sworn by people who have direct knowledge of your birth, such as your parents, and notarized. Affidavits must include comprehensive details about the circumstances of the birth.
Other Documents: If affidavits are not available, you can submit other documents like school or religious records, which often include details of a person's date and place of birth. Medical records may also be considered.
In cases where your relationship to other U.S. residents (like children or siblings) needs to be verified as part of the immigration process, DNA tests have become a valuable tool and are widely accepted by immigration authorities.
Submitting the correct documents is crucial for your application. If your birth certificate meets all USCIS requirements, it should be submitted along with your adjustment of status application. However, if it does not meet these requirements, you should accompany your birth certificate with two affidavits of birth or other secondary evidence. Always ensure that any translation or legalization of documents meets USCIS standards to avoid delays or rejections of your application.
Prepared on the information from immigrationvisaattorney.com