Submitting proof of birth is a fundamental requirement for the majority of adjustment of status and immigrant visa applications, which are the principal pathways to obtaining a green card. While there are exclusions for individuals like asylees and refugees, the standard protocol for most applicants entails providing a foreign birth certificate alongside Form I-485, the Application to Register Permanent Residence or Adjust Status, or within the DS-260. However, certain circumstances, such as the absence of standardized birth certificate issuance in some countries, necessitate alternative means of verifying one's birth. This guide outlines the steps for those instances.
Understanding Birth Certificate Mandates
Both the U.S. Citizenship and Immigration Services (USCIS) and the Department of State uphold stringent criteria regarding birth certificates' format and comprehensive content. Those who fall short of these stipulations are unlikely to fulfill the proof of birth prerequisites. Typically, an eligible birth certificate is one that the official local government or civil authority issues. It must be an unabridged version, not a summary or an abridged iteration, encapsulating extensive details about the applicant and their parents:
- The complete name as recorded at birth
- The precise date of birth
- The location of birth
- The full names of both parents
- The official designation of the issuing authority
- The date of official issuance
- An official seal or alternative form of authentication
Should your birth certificate be inconsistent with these guidelines, supplemental proof of your birth may be necessary, potentially through a birth affidavit.
In Form I-485, applicants can initially submit a reproduction of their original or officially certified birth certificate. Nonetheless, it is advisable to also bring an original or certified version to the adjustment of the status interview, as immigration officers might require it for verification purposes.
In the Absence of a Birth Certificate
Should your birth certificate be inaccessible, non-existent, or unofficial, the procedure demands not only an assertion of such circumstances but also the submission of suitable alternative birth evidence.
Step 1: Verifying the Status of Birth Certificates
Commence by consulting with the Department of State regarding the standard availability of birth certificates in your native country. Utilize the provided search functionality for this purpose. Suppose the subsequent information confirms the general unavailability or absence of birth certificates from your birthplace. In that case, you can forgo any additional steps to demonstrate the unavailability of your personal document and proceed directly to Step 3.
Step 2: Securing a Certificate of Non-Availability
If, however, the State Department’s resources do not confirm a general lack of birth certificates in your country, you must acquire a non-availability certificate. This document must be:
- An original statement from a governmental civil authority, presented on official letterhead
- A declaration of the document’s nonexistence or inaccessibility
- Specific about why the record is absent
- Clarifying about the availability of similar records for the same period or location
This primary document must accompany your alternative evidence of birth. Advance to Step 3.
Step 3: Submitting Substitute Evidence of Birth
In situations where a standard birth certificate is unobtainable or non-existent, you're required to present different credible documents that attest to the circumstances of your birth. These can range from religious or educational records to medical documentation, birth affidavits, or equivalent documents. Possible documents might encompass baptismal certificates, school enrollment records indicating the date of birth, or census documentation. (Refer to the State Department's resources for further guidance on acceptable substitute documents commonly available in your country.) If you rely exclusively on birth affidavits, ensure to enclose no fewer than two distinct affidavits along with Form I-485.