Do You Need a Foreign Birth Certificate?

When applying for permanent residency, you must submit proof of birth to the U.S. Citizenship and Immigration Services (USCIS) and Department of State. A birth certificate shows where you’re from and helps prove that you’re eligible for permanent residency. It also confirms your identity. However, your birth certificate must meet certain criteria to be accepted as part of your application.

Foreign Birth Certificates and Your Green Card Application

If you or a family member are applying for a green card based on family or marriage, you must provide the U.S. government with a copy of your birth certificate. This document is a key part of your immigration application. If you already have it, you’re ready to move forward.

Don’t worry if you can’t locate your birth certificate — you can still start your green card application without it. With the proper guidance, you can ensure your application meets all USCIS requirements and avoid unnecessary delays.

Birth Certificate Requirements for a Green Card

Two organizations oversee green cards: the U.S. Department of State and USCIS. Both agencies review your birth certificate to confirm its authenticity.

Your birth certificate must include the following information:

• Your full name
• Your parents’ full names
• Your birth date
• Where you were born
• The birth registration date

If your birth certificate isn’t in English, you must provide a certified translation along with the original document. Submitting both ensures your green card application is processed without delays.

Getting a Copy of Your Birth Certificate

If you don’t have your birth certificate, you will need to obtain one from the correct government agency:

• Born in the U.S.: Contact the vital records office in the state where you were born.
• Born outside the U.S.: Visit the U.S. Department of State’s website, which lists the authorities that issue birth certificates in each country, the current fees, and the steps to request an official copy.

To locate your country’s instructions, click on the first letter of your country’s name, select your country, and check the “Birth, Death, Burial Certificates” tab for detailed guidance.

If your country’s records indicate that birth certificates are “unavailable” or “nonexistent,” you will need to obtain the certificate directly from the issuing authority in your country of birth.

Certificate of Non-Availability

Even if your birth certificate doesn’t meet standard requirements, you can still move forward with your permanent residency application by providing secondary evidence. If the original document is unavailable, you will need to prove it to USCIS.

This is usually done with a Certificate of Non-Availability, which is a letter from the appropriate government authority stating that no official record of your birth exists. The certificate should clearly explain why it cannot be issued.

What Counts as Secondary Evidence?

If your birth certificate is missing or incomplete, you can submit secondary evidence to support your green card application. Examples include:

• Affidavits of Birth – Obtain at least two affidavits from people who know your birth details, such as parents or close relatives. These affidavits must be signed and notarized. Bring a valid ID and any applicable fees for notarization.
• Other Secondary Evidence – Documents that confirm your birth date and place, such as school records, baptismal certificates, medical records, or other official documents. In some cases, results from a DNA test may also be accepted to verify family relationships.

It’s essential to make sure your family-based or marriage-based green card application is processed efficiently. Working with an experienced green card immigration lawyer can help you navigate these requirements and reduce the risk of delays or denials.

Get Help from Our Immigration Attorneys Today

Are you unsure about your foreign birth certificate and its impact on your immigration journey? The American Immigration Law Group is here to help. Our team of experienced immigration lawyers can help you navigate the complexities of obtaining and evaluating foreign birth certificates.

Whether you’re facing non-compliance issues, concerns about unavailability, or need assistance with secondary evidence, we can help. Contact the American Immigration Law Group today for a confidential consultation.

You can reach us through our secure contact form or by phone at 314-416-8000 to get started today.