The birth certificate or substitute is a requirement by the USCIS in processing cases such as adjustment of status, family petitions, immigrant employment petitions, and so on. However, in many countries birth certificates are unavailable and as such USCIS might either issue a request for evidence (RFE) or even deny the case if the information of the birth certificate is not proven.  These are few tips how to deal with such cases.

If a birth certificate is not available?

Obtain a certificate of non availability of birth certificate from the registrar entity and then submit secondary evidence.

What are secondary evidence?

Secondary evidence are simply not direct evidence. Examples of secondary evidence are affidavit of birth, medical records, ration cards, school records, pictures and other similar evidence. Note that you still have to prove that a birth certificate is not available. Those documents need to indicate the date of birth, parents name and other relevant information.

What happens if a birth certificate is issued late or is issued by the country’s consulate or embassy?

In some instances the country will issue late birth certificates for a number of reasons. Such evidence will follow the same rule as “non-availability” of birth certificate and you will need secondary evidence mentioned below.

There are many other scenarios we have encountered in the preparation of many of such cases. We recommend to contact a good lawyer to help, should you be faced with the above situation.  You can call us at (510) 742 5887 if you need assistance on your case.