Is it necessary to have birth certificate?

[Valor 131]

Hello all,

Sorry for keep posting questions here. Thank you so much for your help.

I'm currently on F1 OPT Extension and is ready to file my AOS soon. My lawyer told me that it's not a necessary to have a birth certificate. But I've heard different opinions from different people, some said they provided birth certificate and some did't. So, is it necessary to have one? If so, I will have it to be shipped from China. And how about the translation part? Do I have to translate it from some official institution in China?

Thank you ALL.

[Darnell 8,479]

when you study the forms and the instructions, what is your opinion ?

[Valor 131]

when you study the forms and the instructions, what is your opinion ?

May I ask what forms are you referring to? My lawyer told me that I had a valid passport so he thinks I should be fine.

[Darnell 8,479]

to adjust status, there is a plethora of forms and and a petition to fill out. each one has instructions.

we've a guide about it, with links to the forms and the petition.

If you didn't study what you and your spouse signed already, well, that's ok... you have some time, aye?

when you get a moment, come back on a PC, study the GUIDES section.

[Valor 131]

to adjust status, there is a plethora of forms and and a petition to fill out. each one has instructions.

we've a guide about it, with links to the forms and the petition.

If you didn't study what you and your spouse signed already, well, that's ok... you have some time, aye?

when you get a moment, come back on a PC, study the GUIDES section.

Thank you. I guess I'll have to get one from China. My lawyer is planning to file my package tomorrow. Do you think i should wait until I get my birth certificate to file? Or as long as I have it for the interview I should be fine? XIEXIE!

[Cheezees 1,514]

You should know exactly what you lawyer is sending and all of the requirements. Go to USCIS.GOV/FORMS and look up every form you should be completing as well as the instructions for each one. At this point you should not be guessing what is needed.

Now, not related to immigration directly: Any lawyer who can't answer your question directly and instead just says "you should be fine", is not a trustworthy one.

Good luck!

[Valor 131]

You should know exactly what you lawyer is sending and all of the requirements. Go to USCIS.GOV/FORMS and look up every form you should be completing as well as the instructions for each one. At this point you should not be guessing what is needed.

Now, not related to immigration directly: Any lawyer who can't answer your question directly and instead just says "you should be fine", is not a trustworthy one.

Good luck!

Thank you for your comments:)

I know everything he's sending. I'm just not sure whether I should send the birth certificate with the package or I just need to present it at the interview . Thanks again for your help.

[Darnell 8,479]

Thank you. I guess I'll have to get one from China. My lawyer is planning to file my package tomorrow. Do you think i should wait until I get my birth certificate to file? Or as long as I have it for the interview I should be fine? XIEXIE!

why guess?

[Valor 131]

why guess?

Sorry, I meant I'm going to ask my parents to ship it to me from China:D

[Darnell 8,479]

oh. well, what i meant was, "Hey ! Welcome to VJ! This is a DIY Immigrate to USA Web portal, with an emphasis on Y actually D-ing. I refuse to read the instructions for you, but will tell you that the documentation requirements are in the instructions.

That's it. That's all. Welcome Aboard, Try The Veal !

[Valor 131]

oh. well, what i meant was, "Hey ! Welcome to VJ! This is a DIY Immigrate to USA Web portal, with an emphasis on Y actually D-ing. I refuse to read the instructions for you, but will tell you that the documentation requirements are in the instructions.

That's it. That's all. Welcome Aboard, Try The Veal !

Thank you so much. You've been awesome.

I have one more urgent question. So now I'm aware that both of us need BC. My parents is helping me to get it from China now. My lawyer is planning to send out my package tomorrow. I am thinking about to have my parents to email me a photo copy and print it out with the package. I will bring the original one during the interview. Would that be ok? Also, my spouse is a naturalized USC, he only has a copy of his BC. Would that be ok or they will definitely need the original one?

Thank you so much

[Darnell 8,479]

ah - a birth certificate from china.

Firstly, BC PHOTOCOPIES are accepted as that's whats in the instructions - so a scan/email/recv/print out to paper is acceptable with this submittal, but must show the original on interview day.

Secondly, a hukuo book isn't enough.

Thirdly, the Chinese Birth Certificate BOOK is always in Chinese - and it must be translated into English - so USCIS wants to see a photocopy of the original and a translation into English.

Fourthly, if your parents got a Notarial Certificate of Translation on the Birth certificate and emailed all pages to you - it would contain:

1. notarized copy of the birth certificate

2. translation into english

3. notarial statement that the translation is accurate .

So, whaddya got ?

PS - if yer attorney is chinese-y, he would have known about this stuff already.

pps - you can tell yer attorney to delay the filing whilst you wait on the Notarial Certificate of Translation on the Birth Certificate, if you so choose.

Edited January 22, 2016 by Darnell

[Valor 131]

ah - a birth certificate from china.

Firstly, BC PHOTOCOPIES are accepted as that's whats in the instructions - so a scan/email/recv/print out to paper is acceptable with this submittal, but must show the original on interview day.

Secondly, a hukuo book isn't enough.

Thirdly, the Chinese Birth Certificate BOOK is always in Chinese - and it must be translated into English - so USCIS wants to see a photocopy of the original and a translation into English.

Fourthly, if your parents got a Notarial Certificate of Translation on the Birth certificate and emailed all pages to you - it would contain:

1. notarized copy of the birth certificate

2. translation into english

3. notarial statement that the translation is accurate .

So, whaddya got ?

PS - if yer attorney is chinese-y, he would have known about this stuff already.

pps - you can tell yer attorney to delay the filing whilst you wait on the Notarial Certificate of Translation on the Birth Certificate, if you so choose.

Can not thank you enough for your help on this.

I already told my Dad for help on this. He's going to the Gong Zheng Chu to get a BC with translations in it. I think he needs to bring HuKou book to the Gong Zheng Chu but I don't need it for the AOS.

As for the notarial statement that the translation is accurate, where can I get that?

Thanks again for helping on this, I really appreciate this. My lawyer is an American lawyer.

[Darnell 8,479]

the translated doc prepared by the Gong Zheng Chu will have the notarial statement in it. Check out the pinned topic in the China Forum - Had a long q/a with another member there 2 years ago...

minus points for not choosing a chinese-y lawyer (la ) ..

[Valor 131]

the translated doc prepared by the Gong Zheng Chu will have the notarial statement in it. Check out the pinned topic in the China Forum - Had a long q/a with another member there 2 years ago...

minus points for not choosing a chinese-y lawyer (la ) ..

Thank you Darnell. I read that post and it was very helpful. One thing I'm still not sure is that I know Gong Zheng Chu can give you a BC and english translation. Do they also provide you a notarial statement that the translation is accurate ? Or I'll need to find a third-party notarial agent to do it?