Is my Birth Certificate Valid for USCIS Immigration Purposes?

Getting A Copy of Your Birth Certificate:

When applying for a stay or residence abroad, such as in the United States, you are required to submit a copy of your Birth Certificate or an equivalent document. Every member of your family that is looking to apply for residence via a Green Card (on the basis of marriage or having family ties, for example) must present their own Birth Certificate.

If you already have a copy of the document, it makes the application process simpler to manage. If, however, you do not have a copy or you cannot find your Birth Certificate, do not fret; you can still continue with the process of applying for a Green Card.

The US Government allows Green Card applicants to submit data in due time, which makes it easy for you to continue progressing with the application. By now you may be asking “where can I get a copy of my Birth Certificate?” Worry not; in this guide, we’ll be showing you exactly what you need to do; how to get a copy of your Birth Certificate, what documents you’ll be needing for the Birth Certificate Office, and how to substitute for your Birth Certificate, just in case you do not have one.

Requirements:

Who should submit their Birth Certificate?

The Birth Certificate document must be provided to the relevant authorities by the Beneficiary, the person applying for the Green Card. Alongside this document, they must also submit a Form I-130, called the “Petition for Alien Relative” or family sponsorship form.

What information does the Birth Certificate need to have?

The Certified Copy of your Birth Certificate requires the following things to be displayed in order to be deemed accurate and useful to the authorities:

• Full Legal Name

• Place of Birth

• Date of Birth

• Full Legal Names of Both Parents

• Official Seal or Signature from the Issuing Authorities

• Registration Date (must be 1 year from your birth)

• Issuance Date

What if the Birth Certificate is an “Extract” and not a “Long Form”?

An “extracted” Birth Certificate is an abbreviated or shortened version of the original document. If the copy of the Birth Certificate is an Extract, it must only contain the information mentioned above.

What can I do if my Birth Certificate is not written in English?

An Original Birth Certificate that is not written in English is not applicable for the Green Card process. Fortunately, the way to fix the problem is by simply providing a certified English translation of the document. If you do not have enough fluency in the English language, you can ask for the assistance of friends or family that are able to do the translation for you. When our clients do not have a translated version of their Birth Certificate, we provide them a DIY template that they can follow which is always accepted by USCIS and the US Department of State.

Where can I obtain a Certified Copy of my Birth Certificate?

Your Birth Certificate, and replacement copies, are issued by a relevant Birth Certificate Office of Government. You will need an original version for the interview—whether it is an Adjustment of Status interview or a Consular Processing interview abroad.

In the case of the United States, the appropriate office to obtain this document is the Office of Vital Records of whichever state you were born in. The Centre for Disease Control and Prevention (CDC) provides a list of the names and addresses of each state’s Office of Vital Records, as well as how much it would cost to obtain a Birth Certificate copy.

If you were born outside of the US, the US Department of State Office provides the names, costs, and procedures of the Issuing Authority of each country. To access this list, select your country’s name from the top-left side of the Department’s website, and go to the “Birth, Death, Burial Certificates” tab.

If the relevant country cannot find that data and says that your birth certificate is “unavailable” or “non-existent”, you are not required to submit that document. If you are able to obtain a “Certificate of Non-Availability” then you should obtain that as proof that the record is unavailable.

Please note that Birth Certificates issued by the relevant country’s Consulate or Embassy in the United States are not acceptable for the process of obtaining a Green Card. The replacement must be issued by the Issuing Authority located in the original country.

What Can I Do As an Alternative if All of the Above Does Not Work?

If for whatever reason, you are unable to find your original Birth Certificate or acquire a certified copy of the Birth Certificate containing the necessary information, you can submit a notarized personal affidavit, which is a written and certified explanation. This affidavit must contain detailed information regarding the facts of your birth (where, when, at what time, to whom, etc.) as well as detailed reasoning for why you were unable to get the Certified Copy of the Birth Certificate.

In addition, you are obliged to submit at least one of the following types of documents as secondary evidence.

• Census Records

• A Baptismal Certificate

• A Birth Certificate provided by a local or military Hospital

• A Certificate of Birth, from the attending doctor that delivered you.

• If you were not born in the US, an original document from the appropriate government agency explaining why your birth record does not exist, and indicating whether similar birth records are also unavailable or not.

If the Birth Certificate document was issued abroad, you must also check the issuing country’s guidelines for the procedure, and find out other acceptable documents that can be presented as secondary evidence.

In the case that none of the above can be reasonably obtained by you, you must then submit another notarized personal affidavit from either a parent or a close, older family relative. This affidavit must provide the following information.

• The relative’s full name, address, and date of birth.

• Their relationship to you.

• How well they know you.

• The date and place of your birth.

• The names of both of your parents.

• Other information regarding the facts and circumstances of your birth.

We usually tell our clients to obtain the affidavit from a member of your family, close friend, or a neighbor, etc., who was old enough to recall your birth and was someone who your family had a relationship or friendship with, and was invited to family events such as your birthday parties or other family events.

Over the years, we at Khunkhun Law have helped countless individuals obtain and keep their Green Cards. Retaining us will ensure that your case is in the right hands, as we offer a customized approach to each case.

Feel free to call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation.