Securing Your Birth Certificate for U.S. Immigration: A Guide for Mainland China Applicants Applying for a Marriage Green Card

Planning a move to the U.S.? If you were born in mainland China and are applying for a Green Card, your birth certificate and the Notarial Birth Certificate with Translation are crucial. This article explains how to obtain these documents and what U.S. authorities expect.

The Essential Stamp: The Notarized Birth Certificate

Unlike a standard birth certificate, which is typically called a “medical certificate” issued by your hospital or clinic (post-1996), you'll need a "notarized birth certificate" (NBC) issued by a local notary public office in China. This document verifies the legitimacy of your original birth certificate, and also includes a certified translation in English needed for your green card process. 

There are two variations of NBCs although, for purposes of this article, we will focus on the first.

1. Birth Certificate Notarization (出生证公证 chushengzheng gongzheng): This confirms your medical birth certificate is a true copy and the original is authentic.

2. Notarized Description of Birth Circumstances: This describes your birth details (date, location, parents' names) if you don't have a medical birth certificate.

Figure 1. A Medical Certificate of Birth. The Law on Maternal and Infant Health Care (1994, Article 23) mandates that a medical birth certificate be issued by either the hospital/clinic of birth or the public health administration based on a home birth professional's report. Note that one of the problems with this medical certificate is that the information that is filled in for the child such as the child’s name, name of the mother, etc., is written in Chinese, even though the headings are in both Chinese and English.

Figure 2. A Birth Certificate Notarization. This is a verified photocopy of the original medical birth certificate, confirming its authenticity. 

Applying for the Notarial Birth Certificate

The application process is as follows:

• Visit a notary office with jurisdiction over your current or past household registration (hukou) location or your birthplace.

• Submit the application form along with required documents, which may include:

• National ID and household registration booklet (Hu Kou Bu). (If living abroad, a passport copy is required)

• Proof of birth: Birth certificate (Chu Sheng Zheng Ming Shu), medical birth certificate (Chu Sheng Yi Xue Zheng Ming), Initial Birth Record, or proof issued by a sub-district office or work unit.

• Two passport-sized photographs.

• Signed authorization documents if someone else applies on your behalf (including their ID).

• Documentation of both parents' identification (death certificates if deceased).

• Any additional documents requested by the notary.

• Pay the necessary fees.

Meeting U.S. Requirements

U.S. Citizenship and Immigration Services (USCIS) and the State Department accept either Type 1 or Type 2 NBCs. The NBC should typically include details like your name, gender, date of birth, ID number (if issued after 2012), birthplace, and parents' names. It should also have a watermark, seal, and red stamp, and be accompanied by a certified English translation.

Remember:

• Contact your local notary office for specific instructions and fees.

• Ensure your NBC adheres to the format and content expected by U.S. authorities.

By following these steps, you can obtain the necessary birth certificate document to support your U.S. immigration application.

Adjustment of Status for Chinese F-1 and H-1B Visa Holders

As an immigration attorney, we frequently assist Chinese nationals who are already in the United States on F-1 (student) or H-1B (specialty occupation) visas and wish to apply for a marriage Green Card through adjustment of status. This process allows eligible individuals to transition from their current nonimmigrant status to permanent resident status without leaving the country.

F-1 Student Visa Holders Many Chinese students come to the U.S. on F-1 visas to pursue their education. If they marry a U.S. citizen or permanent resident during their studies or shortly after graduation, they may be eligible to adjust their status. Key considerations for F-1 visa holders include:

1. Maintaining valid F-1 status until filing the adjustment of status application (Form I-485) if you are marrying a U.S. Green Card holder. If you are marrying a U.S. Citizen then it’s okay if you are no longer in valid status.

2. If employed on Optional Practical Training (OPT), ensuring continued compliance with OPT rules until the adjustment application is filed if you are marrying a U.S. Green Card holder. If you are marrying a U.S. Citizen then it’s okay if you are no longer in valid status.

3. Being aware that filing for adjustment of status may impact your ability to travel internationally on their F-1 visa.

Please note that an F-1 visa violation is something that can be a problem but the analysis depends on the facts and circumstances of the situation.

H-1B Specialty Occupation Visa Holders Chinese professionals working in the U.S. on H-1B visas also frequently seek to adjust their status based on marriage. Important points for H-1B visa holders include:

1. The ability to continue working for their H-1B employer while the adjustment of status application is pending.

2. Maintaining H-1B status as a backup in case the adjustment of status application is denied.

The Adjustment of Status Process For both F-1 and H-1B visa holders, the adjustment of status process typically involves:

1. Filing Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently if married to a U.S. citizen, or waiting for the I-130 approval if married to a permanent resident. 

2. Submitting Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document) if desired.

3. Attending a biometrics appointment for fingerprinting and background checks.

4. Participating in an interview with a USCIS officer to verify the bona fides of the marriage.

Importance of Proper Documentation As with all immigration processes, proper documentation is crucial. This includes not only the birth certificate discussed earlier in this article but also:

1. Marriage certificate

2. Proof of the U.S. citizen or permanent resident spouse's status

3. Evidence of a bona fide marriage

4. Financial documents to meet the Affidavit of Support requirements

5. Medical examination results (Form I-693)

6. Current and previous visa documentation

Potential Challenges Chinese nationals on F-1 or H-1B visas may face specific challenges when adjusting status, such as:

1. Demonstrating nonimmigrant intent: USCIS may scrutinize whether the applicant had intentions to immigrate when they originally entered on a nonimmigrant visa.

2. Maintaining status: Ensuring continuous lawful status until filing the adjustment application is crucial.

3. Employment issues: Navigating work authorization rules during the transition from F-1 or H-1B to permanent resident status.

By understanding these nuances and properly preparing their applications, Chinese nationals on F-1 or H-1B visas can successfully navigate the adjustment of status process and obtain their marriage Green Card based on their marriage to a U.S. citizen or permanent resident.

Expert Guidance for Chinese Nationals: Our Boutique Firm's Approach

At our boutique immigration law firm, we specialize in marriage Green Card cases and family-based immigration, with a particular focus on serving Chinese clients. Our deep understanding of our Chinese client’s immigration needs, documentation practices, and common immigration patterns allows us to offer a uniquely tailored experience. By leveraging our expertise, we make the complex immigration process more predictable and efficient for our clients. Our proactive approach enables us to identify potential issues before filing, which offers four key benefits:

1. Minimized delays: By anticipating and addressing potential problems early, we significantly reduce the risk of USCIS requests for additional evidence (RFEs) or delays in processing.

2. Reduced stress: Clients feel more at ease knowing that experienced attorneys who understand their specific circumstances are guiding them through every step of the process.

3. Cost-effectiveness: By identifying and resolving potential issues upfront, we help clients avoid costly mistakes or the need for additional filings, ultimately saving them time and money.

Our commitment to understanding the nuances of Chinese immigration cases allows us to provide a smoother, more efficient path to obtaining a marriage Green Card or other family-based immigration benefits.

You can read more about our boutique law firm here.

Should you or your loved one have any questions or need representation, please do not hesitate to contact us. Although we are located in New York City we represent clients all over the 50 states of the US. Call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. We have represented many clients with successful results even with the most difficult set of facts.