This is the first in a series of articles which 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, 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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Article added to SearchWarp.com on Sunday, June 22, 2008 View other articles written by Nicholas Cifuentes(1,078)
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