The process for a foreign national to obtain a lawful permanent resident (green card) status through an employment-based category can potentially take years. This is especially true for individuals who are nationals of India and China since there is a higher demand for immigrant visas from nationals of these countries. The wait for one’s priority date to become current is grueling. Therefore, as we are seeing advancements in the priority dates becoming current, the last thing an applicant wants to encounter is a delay in filing his or her Adjustment of Status Application (I-485) because of missing required documents. We are giving some guidance below to those who are anticipating their priority dates to become current in the upcoming months so when you are ready to file, there is no delay.
Original Birth Certificate
The U.S. Citizenship and Immigration Services (USCIS) requires an applicant applying for Adjustment of Status to submit a copy of the applicant’s foreign birth certificate OR sufficient secondary evidence of birth to establish the applicant’s country of citizenship for visa chargeability, identity, and the existence of derivative relationships. This birth documentation and format varies from country to country. An applicant may check the accepted civil documents available for each of his/her respective country by checking the U.S. Department of State’s website here. USCIS requires a birth certificate to meet certain requirements including it must contain complete biographic information including the child’s full name along with the parents and it must be registered contemporaneously, usually within one year of the applicant’s birth. If the birth certificate is not complete or if the individual does not have a birth certificating USCIS requires additional evidence to meet this requirement.
Alternative Birth Documentation
If the applicant does not have an original birth certificate that meets USCIS criteria, alternate documentation should be obtained to satisfy the birth certificate requirement. As noted above, the specific alternative documents for each country vary by country. An applicant should check the accepted alternative civil documents on the U.S. Department of State’s website for his or her country.
In order for USCIS to accept alternative or secondary evidence of birth, the applicant must first establish the primary or original birth certificate is unavailable or does not exist. USCIS requires a letter of certification from the appropriate civil authority in the applicant’s country of birth establishing the non-existence of the document as indicated by the State Department of State’s Reciprocity Schedule. Some countries, including India, typically allow the individual to apply for a certificate of nonavailability from the local authorities with jurisdiction over the applicant’s place of birth. As shown on the Department of State’s Reciprocity Schedule website for India, this is a required document for USCIS to accept alternative or secondary evidence of birth.
Whether the person has no birth certificate or a birth certificate that does not meet USCIS requirements, the alternate evidence of birth recommended typically includes two birth affidavits as well as secondary birth evidence to satisfy the requirement for birth documentation. Birth affidavits may be provided by anybody who witnessed or has knowledge of the Applicant’s birth and is older than the Applicant. Secondary birth evidence is required to be provided as well and includes but is not limited to the following: school leaving certificates, ration cards, church / baptismal records, hospital records, and medical records. All documents must be translated into English, if not originally in English.
Marriage Documentation
If an applicant is married, marriage documentation is required for submission. As with birth certificate/documentation, the State Department of State’s Reciprocity Schedule lists the appropriate documentation for each country. If an individual does not have a marriage certificate or if the marriage certificate does not include all the information required by the USCIS (e.g., the full name of bride and groom, date of marriage) additional evidence of the valid marriage must be provided. Accepted alternative documents may include two marriage affidavits as supplemental documentation. A marriage affidavit can be signed by any individual who was present at the marriage ceremony. In addition, in many countries, it is possible to obtain a valid marriage certificate long after the marriage took place as long as the marriage was registered with the appropriate authority at the time.
Criminal Violation Records
USCIS requires disclosure of any past criminal violation of an applicant applying for Adjustment of Status. It is crucial to determine whether the applicant’s criminal matter does not make him or her ineligible for a green card. It is also key to collect all the required documents in preparation for submission of the I-485 application including certified court records. It is imperative an applicant discloses and discusses with his or her immigration attorney any criminal matter well in advance of filing.
Summary
In conclusion, we here at ILBSG recommend gathering all the required documents as early as possible. Especially now in many countries due to COVID-19, government offices may be closed or the process of getting documents may be delayed. Secondary/alternative documents including affidavits do not expire thus, be prepared in advance to make the process of filing your Adjustment of Status smooth. The team is here to make the process as smooth as possible. Please reach out to us to make sure you are prepared.