Birth Certificate Unavailable or Incorrect
A birth certificate is required for many immigration and Green Card related matters. There are many people with either no birth certificate or a birth certificate with incorrect information. Here are some options you have in either of these cases:
- Need to rectify incorrect birth certificate
- The birth certificate is unavailable
- Birth certificate is not in English Language
How to Rectify Incorrect/Missing Information on Birth Certificate
A notarized affidavit with the correct information is required from either of your parents. If they are no longer alive, then any close relative older than you can provide this affidavit.
The affidavit can also be notarized in the USA, if your parents are there.
Make sure to include the following in the affidavit:
- Parent’s full name
- Parent’s date of birth
- Parent’s place of birth
- Parent’s date of marriage
- Applicant’s full name
- Applicant’s date of birth
- Applicant’s place of birth
What if Birth Certificate is Not Available?
In cases where the birth certificate record is unavailable from the authorities, then a sworn affidavit by either of the parents is required. If the parents are no longer alive, then any close relative (like an uncle or a close family friend) older than the applicant may provide such affidavit.
This affidavit must be accompanied with a certificate of non-availability or no record of the birth certificate from the concerned district office/government authority.
If the affidavit is provided by the relative, it must state the relationship with the applicant, how well the person/deponent knows the applicant, date and place of the applicant’s birth, names of both the parents, and any other related facts.
Requirements in brief:
- Non-availability Certificate from the municipality/government authority of the place where the applicant was born. It should state/confirm that the birth record/certificate does not or no longer exists.
NoteThis affidavit does not have a unique format identified by INS, hence different attorneys may have different layouts.
Sample Affidavit (By Applicant’s Mother)
I, (mother’s) last name (maiden name) first name, wife of (spouse) last name first name, being duly sworn, do depose and make the following statements:
- I was born in place of birth, State, Country on Date Of Birth.
- I am married to (spouse) last name first name on date (of their marriage).
- I am the mother of (your) last name first name and (your father’s) last name first name is his/her father.
- (Your) last name first name was born on date (of birth in MM/DD/YYYY) at time (of birth am/pm) in City, State, Country.
N O T A R Y
What Do I Do if I Have a Birth Certificate in a Language Other Than English?
You are required to translate it into English. Here are to ways to do so:
- Through a professional translator/services.
- Anyone who is fluent in the language and who is not benefiting in any way from the petition can translate it.
It must state the following:
I, (translators name), certify that I am competent to translate from (name of native language) to English and hereby certify that the above information is a true, complete and accurate translation of the attached original document.
Signature of translator.
[Typed full name, address, & phone number of translator.]
- In few cases, where the parents are not alive, you may be required to provide 2 separate affidavits from two different people.
NoteThe attorney who is handling your case should also be able to provide more information and advise on the matter.