aos birth certificate

[nikh 0]

what other document can the intending immigrant use instead of a birth certificate for AOS? does anyone know how i can find out? thanks!

[maria_b84 0]

what other document can the intending immigrant use instead of a birth certificate for AOS? does anyone know how i can find out? thanks!

It should be on the form Instructions "What if a document is not available" I guess. I'm not sure though.

Good Luck

Maria

[kc456 0]

Here are the regulations. This seems pretty involved. Getting a duplicate from the home country is a much better idea.

Evidence and processing.

(1) General. An applicant or petitioner must establish eligibility for a requested immigration benefit. An application or petition form must be completed as applicable and filed with any initial evidence required by regulation or by the instructions on the form. Any evidence submitted is considered part of the relating application or petition. (Paragraph (B) revised 2/10/94; 59 FR 1461)

(2) Submitting secondary evidence and affidavits.

(i) General. The non-existence or other unavailability of required evidence creates a presumption of ineligibility. If a required document, such as a birth or marriage certificate, does not exist or cannot be obtained, an applicant or petitioner must demonstrate this and submit secondary evidence, such as church or school records, pertinent to the facts at issue. If secondary evidence also does not exist or cannot be obtained, the applicant or petitioner must demonstrate the unavailability of both the required document and relevant secondary evidence, and submit two or more affidavits, sworn to or affirmed by persons who are not parties to the petition who have direct personal knowledge of the event and circumstances. Secondary evidence must overcome the unavailability of primary evidence, and affidavits must overcome the unavailability of both primary and secondary evidence.

(ii) Demonstrating that a record is not available. Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where the Service finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.

http://www.uscis.gov/lpBin/lpext.dll/inser...ument-frame.htm

Edited May 14, 2006 by kc456

[motu 6]

nikh I had to do this for my Green card several years ago (family based Immigration.) I do not have a birth certificate and the US embassy didn't accept my High School and Bachelor's diploma stating my date of birth. So, I obtained an official letter stating that all records from that hospital were destroyed in a fire and that's why my birth certificate is not availbale (something like that.) And then two of my aunts swore in front of a majistrate - they signed a stamp paper with a statement that they knew me and my mother and that I was born on such and such date. That was accepted by the US embassy in India - I still don't have a birth certificate but now I can use my naturalization certificate and or Passport. It is a pain to do this but its doable. Good Luck

[nikh 0]

does anyone know if i can get his birth certificate that is in the brown envelope when it arrives at the uscis local office?

[Hilarious Clinton 452]

does anyone know if i can get his birth certificate that is in the brown envelope when it arrives at the uscis local office?

So one does exist? You gave them the original? oops.