This is the first in a series of articles that will focus on
practical issues and problems that arise before and during processing
of immigrant visas at US embassies and consulates. The advice and
suggestions contained herein are based on over 30 years of experience
reviewing documents and preparing applicants for their immigrant visa
interviews. The current topic is birth certificates and related issues.
Generally,
a certified copy of a birth certificate issued by the registrar of
birth records of the place of birth is required to be submitted at the
immigrant visa interview for each person. In most cases, the required
document is readily available and easily obtained. However, certain
situations require special attention. For example, in the UK, the
long-form birth certificate must be requested because the short-form
birth certificate does not contain the names of the parents. In cases
where birth certificates from the authorities are unavailable or
contain insufficient information regarding the birth or the parents
(most commonly in India), a sworn affidavit executed by either of the
parents, if living, or other close relatives older than the applicant,
may be submitted. It should set forth the relationship between the
deponent and the applicant, how well the deponent knows the applicant,
date and place of the applicant's birth, the names of both parents, and
any other related facts. Such an affidavit, when a birth certificate
is unavailable, must generally be accompanied by a document from a
competent governmental authority confirming that the birth certificate
does not exist, or no longer exists.
A
stepchild is treated the same as a natural child as long as a marriage
certificate is submitted of the stepparent to the child's natural
parent showing that the marriage occurred before the child's 18th
birthday.
An adopted child is treated the
same as a natural child as long as there is submitted the adoption
decree showing that the adoption took place before the child's 16th
birthday.
Validity issues or the
existence of birth certificates, adoption decrees, and other important
qualifying documents can arise. Obviously, it's best to be aware of
these problems sooner, rather than years later. Additionally, it can be
increasingly difficult to obtain birth certificates and certain
affidavits to verify a birth or marriage if an older relative passes
away. For these reasons, Immigration Solutions' advises that you plan
well in advance, and have your immigration attorney review your
existing documentation and start whatever process is necessary well in
advance of your immigrant visa interview.
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