A certificate of birth is required for all individuals applying for classification as a lawful permanent resident or seeking to file a relative petition. In some instances, applicants and petitioners do not have official birth records. This could be due to several reasons. For example, the record could have been destroyed in a fire or civil disturbance. It is also possible that the applicant or petitioner’s birth was never recorded.

The U.S. government insists on credible evidence of the circumstances of one’s birth largely to prevent fraud in the immigration process. Some people claim birth in a different country in order to gain more favorable immigration quota treatment. Others want to change their birth information in order to qualify persons as family based immigrants who would not otherwise qualify.

The U.S. Department of State provides the following information about birth records:

“In cases where birth certificates from the authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either 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, should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist, or no longer exists. In cases where birth certificates from the authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either 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, should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist, or no longer exists.”

The USCIS Adjudicator’s Field Manual instructs CIS adjudicators that:

“Public documents are the official records of legislative, judicial and administrative bodies. Such documents, or copies thereof duly certified by their custodian, are generally admissible as evidence without the testimony of the officer who made the records. In administrative proceedings, such documents are generally admissible.

. . .

The petitioner or applicant MUST obtain a certified copy of the record, but need not have the certification authenticated by a U.S. Foreign Service Officer as described in 8 CFR 287.6(b) or (c);

The petitioner or applicant may then make a plain copy (i.e., it need not be endorsed as a true copy by a U.S. consular officer, a U.S. Immigration Officer, or an attorney) of the certified copy, and submit the plain copy of the certified copy to USCIS ;

If the petitioner or applicant submits a plain copy of the certified copy, the petitioner or applicant MUST retain the certified copy and submit it upon the request of the USCIS officer.

Birth or baptismal records maintained by church officials are not considered public documents, but may be accepted as secondary evidence of birth, if the actual place of birth is indicated on the certificate. Delayed birth certificates are also not considered as conclusive evidence of birth.“

. . .

“The absence of an official record may be proven by a certified written statement by the official ordinarily having custody of such records, or by an appointed deputy that, after diligent search, no record of the event is found to exist. Such a statement must be accompanied by a duly authorized authentication that the writer has legal custody of such records. Although generally accepted, there is one inherent weakness to a statement of nonexistence...it relies on the other unsubstantiated evidence submitted about the location of the claimed event and record.”