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, the appropriate Notarial Birth Certificate, including its English translation, is crucial. This article explains how to obtain these documents and what U.S. authorities expect.

The Essential Stamp: The Notarial 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/notarial birth certificate" (NBC) issued by a local notary public office in China. The Notarial Birth Certificate records facts concerning your birth after the Notary Public Office reviews the available supporting evidence. It comes with a certified English translation.

There are two variations of NBCs:

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.

A Medical Certificate of Birth issued in mainland China. On its own, this is generally not the document U.S. authorities require. The State Department's Reciprocity Schedule identifies the Notarial Birth Certificate issued by a Chinese Notary Public Office as the appropriate birth document and lists no alternate documents. Your medical certificate instead serves as supporting evidence for the Notary Public Office when it prepares your Notarial Birth Certificate.

A Birth Certificate Notarization certifies that the copy of the medical birth certificate conforms to the original. The form of Notarial Birth Certificate available in a particular case will depend on the applicant’s underlying records and the requirements of the relevant Notary Public Office.

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

For U.S. immigration purposes, the State Department’s Reciprocity Schedule identifies the required document as a Notarial Birth Certificate (Gong Zheng Shu) issued by a local Notary Public Office (Gong Zheng Chu). The certificate should establish the applicant's date and place of birth and the names of both parents, including a parent who has died. If a parent's identity is unknown, the certificate should say so. It must include an English translation and a certification confirming that the translation conforms to the Chinese original.

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, I 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 enables eligible individuals to transition from their current non-immigrant status to permanent resident status without having to leave 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 is particularly important when the applicant is married to a permanent resident. A failure to maintain lawful status may bar adjustment even if the applicant later regains status, subject to limited statutory exceptions. Immediate relatives of U.S. citizens are generally exempt from certain adjustment bars relating to failure to maintain status and unauthorized employment, but they must still satisfy the other adjustment requirements and remain admissible.

2. An applicant working pursuant to Optional Practical Training should continue complying with the F-1 and OPT requirements. A pending Form I-485 does not, by itself, provide employment authorization. If the applicant’s F-1 employment authorization ends, the applicant must obtain another valid basis for employment, such as an adjustment-based Employment Authorization Document, before continuing to work.

3. If an F-1 applicant leaves the United States while Form I-485 is pending without first obtaining Advance Parole, USCIS will generally consider the Form I-485 abandoned. The regulatory travel exception available to certain H-1B and L-1 nonimmigrants does not apply to F-1 students.

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 the H-1B employer while maintaining valid H-1B employment authorization. A pending Form I-485 does not, by itself, authorize employment.

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 permanent resident, filing Form I-485 when an immigrant visa is immediately available under the Visa Bulletin chart that USCIS designates for adjustment filings that month—the Form I-130 does not necessarily need to be approved first.

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. Attending an interview with a USCIS officer, if one is scheduled, 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 (Form I-864) 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. Prior representations and intent: For F-1 holders, USCIS may examine whether the applicant made a false material representation concerning the purpose of the trip when applying for the visa or seeking admission. A later decision to marry or apply for adjustment does not, by itself, establish fraud or misrepresentation. H-1B is a dual-intent classification, so the analysis is different for H-1B applicants.

2. Maintaining status: Continuous lawful status until filing is critical for a spouse of a permanent resident, and remains important for a spouse of a U.S. citizen even though the exemption above applies.

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 clients’ 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 three 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.