Original birth certificate versus notarized birth certificate

[hotcheese 0]

Hello

Is it correct that as part of a green card application USCIS requires that a notarized birth certificate is submitted and not an original birth certificate?

I don't have an original birth certificate and so got worried about my application when USCIS recently request that it be provided.

However if I can provide a notarized birth certificate is that all that they require? And they only require secondary documentation (such as a notarized affadavit from my parents) IF I am unable to obtain a notarized birth certificate?

[SBB 74]

What do you mean by a "Notarized Birth Certificate"? Are you referring to a Chinese Notarial Birth Certificate? If so, that's most likely the only birth certificate that exists since China didn't routinely issue birth certificates until fairly recently, and should be all you need. If you are the American petitioner asking about your American birth certificate, any certified copy will do. If you have your original use it, if not, order a certified copy from the authority that issued your original one and use that; a birth certificate is a birth certificate is a birth certificate. If you are referring to a certified translation of a birth certificate written in a non-English language, whatever translator you use to translate it will certify it (I don't think it needs to be notarized).

[hotcheese 0]

Thanks, yes I meant the Chinese Notarial Birth Certificate.

[SBB 74]

In that case, there is no "original birth certificate" and the notarial "white book" is all you can get and all you need. In my wife's case, we needed to send some passport photos and her Chinese ID card to her parents in Wuhan who then got the certificate for us.

[mungbeans 0]

In that case, there is no "original birth certificate" and the notarial "white book" is all you can get and all you need. In my wife's case, we needed to send some passport photos and her Chinese ID card to her parents in Wuhan who then got the certificate for us.

I have just obtained a Chinese Notarial Birth Certificate via my sister in China.

However the immigration lawyer dealing with the case says that in addition to that its necessary to get an unavailability certificate.

Where and how can an unavailability certificate be obtained?

[SBB 74]

There's no such thing and you don't need it. Just send in a copy of every page in the "white book", both the Chinese pages and the English translations..

[mungbeans 0]

But how can I tell the lawyer there's no such thing and its not necessary? How is an immigration lawyer likely to listen if I say that. Even if I believe the lawyer is incorrect its difficult for me to argue.

According to http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/submit/documents-to-submit-to-nvc.html it says "If your birth record is not obtainable for any reason, a certified statement must be obtained from the appropriate government authority explaining why your birth record is unavailable.".

[mungbeans 0]

Seems this person is mentioning the same thing - they use the same phrase: "non availability certificate". So there is such a thing?

http://www.visajourney.com/forums/topic/446490-chinese-birth-certificate-non-availability/

[roxer 3]

Your notarial booklet is your birth record... Not sure why they would think you need anything else? My fiancée got three and we will use only one. The others will be stored for later use just in case... My lawyer never asked for anything other.

[SBB 74]

But how can I tell the lawyer there's no such thing and its not necessary? How is an immigration lawyer likely to listen if I say that. Even if I believe the lawyer is incorrect its difficult for me to argue.

According to http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/submit/documents-to-submit-to-nvc.html it says "If your birth record is not obtainable for any reason, a certified statement must be obtained from the appropriate government authority explaining why your birth record is unavailable.".

You have your birth record, that's what that white book is. That's all you need.

[Ryan H 3,819]

But how can I tell the lawyer there's no such thing and its not necessary? How is an immigration lawyer likely to listen if I say that. Even if I believe the lawyer is incorrect its difficult for me to argue.

The lawyer works for you, if they are being difficult, fire them and demand your money back.

[Darnell 8,479]

I have just obtained a Chinese Notarial Birth Certificate via my sister in China.

However the immigration lawyer dealing with the case says that in addition to that its necessary to get an unavailability certificate.

Where and how can an unavailability certificate be obtained?

Cool ! Did you look at it ? is it in chinese only,

or is in chinese and english?

if chinese only, is possible to get the white book, a notarial translation document. (chinese into english) .

if chinese only, you should prepare an english translation of it (check the guides here for how)

then

submit a photocopy of the chinese only bits, and a photocopy of the translation , with the thing you are filing into USCIS.