Birth Certificate for Green Card (Affidavit for i-485)

Birth certificate for USA green card is mandatory. Get affidavits from home country if not available. Registration of birth within 1 yr.

Anil Gupta
  By Anil Gupta    Updated  27 Sep, 20


You will need an Original birth certificate for filing the USA green card apart from other documents for i-485 filing.

A birth certificate should have this information:

  • Full Name
  • Date of birth (dd/MM/yyyy format is acceptable)
  • Place of birth (Village, City or state name acceptable)
  • Mother and Father’s Full Name
  • The issuing agency’s official seal
  • Registration date – must be within one year of your birth (365 days).
  • Birth certificate Issue date – This can be anytime after your birth including the current date.

Birth Certificate From Home Country

We will take an example of India for the purpose of getting birth certificate. The process might be similar in most asian countries like Pakistan, Sri Lanka, Bangladesh and China.

Even if the process of agency that issues birth certificate in your country is different, the content is same.

Birth Certificate from India

Every Indian state has its own process but most of them follow the same process. Your local municipality is responsible for issuing the birth certificate.

These days, most of them have digitalized their records from the past and they should be able to find your birth record from the 1980s. Some of them have also created an online service to request a birth certificate.

Here is a sample birth certificate issued by the Municipality of Delhi in India.

Sample Indian Birth Certificate for USA Green Card, Australia or Canada PR
Sample Indian Birth Certificate for USA Green Card, Australia or Canada PR

Your birth certificate is acceptable for the USA green card i-485 or I-130 family green card application as long as it has the text written in English.

Translation

If the birth certificate is written in any native language like Hindi, Tamil, Gujrati, Telugu, Chinese, Urdu, etc., then you should get it translated preferably by professional translators.

  • Professional translators in the USA usually charge about $20 a page.
  • Any of your friends who knows both your native and English language can also translate it for you. USCIS allows non-professional translators too.

Sample Translation Cover Letter

I TRANSLATOR_NAME certify that I am well versed in reading, writing, listening and speaking of these languages:
  1. NATIVE_LANGUAGE_NAME
  2. ENGLISH
I have translated the birth certificate of YOUR NAME from NATIVE LANGUAGE NAME to English as attached.

My details:

DATE
PLACE
Signature
Full Name
Contact Number


DATE
PLACE
Signature of authorized person
Official stamp
Full Name



NOTARY_STAMP

NOTARY SIGNATURE

No Birth Certificate Available

If you do not have a birth certificate, then you would need to provide two secondary documents:

#1 Letter of no Birth record available (NABC)

The best option is to get a letter from your home country authority like the municipality in India that they have no record and cannot issue a birth certificate for you.

Sample letter of no birth certificate availability

This letter should be printed on the official authority’s letterhead.

TO WHOMSOVER IT MAY CONCERN

The municipality of CITY_NAME/ Government department has no record of birth registration of Mr/Ms. YOUR_NAME as of CURRENT_DATE.

DATE
PLACE
Signature of authorized person
Official stamp
Full Name



NOTARY_STAMP

NOTARY SIGNATURE

#2 Notarized Affidavits from Parent/Neighbors/Relatives

The affidavit should mention the details of your birth as recalled by this person.

Your mom and dad can write these affidavits for you. If they are not alive, you can ask any of your close relative who is older than you to write these.

Two separate persons should write this and describe the place, date, and method of your birth as known to them.

These affidavits should have the details of the person who is writing it:

  • Full name, address, date, and place of birth
  • Their relationship with you
  • How do they know you
  • Date and place of your birth
  • Names of your father and mother

Sample Birth Certificate Affidavit

AFFIDAVIT

I, AFFIDAVIT WRITER NAME son of Mr. AFFIDAVIT WRITER FATHER NAME, born on AFFIDAVIT WRITER DATE OF BIRTH residing at AFFIDAVIT WRITER FULL ADDRESS do solemnly certify:

  1. I have known YOUR NAME from the time of birth.
  2. His/her mother’s full name is YOUR MOTHER FULL NAME and father’s full name is YOUR FATHER NAME.
  3. YOUR NAME was born on YOUR DATE OF BIRTH at YOUR FULL ADDRESS.
  4. I was their neighbor/relative EXACT RELATIONSHIP from START DATE to END DATE while they were still residing at YOUR ADDRESS IN HOME COUNTRY.
I certify that above statements are true to the best of my knowledge.


DATE
PLACE
Signature
Full Name
Contact Number



NOTARY STAMP

NOTARY SIGNATURE

FAQ

Can I use Birth Certificate issued by Indian Embassy in USA?

You cannot use a birth certificate issued by the Indian embassy for Green card application in the USA.

As a matter of fact, nobody can use their Embassy issued birth certificate to file their i-485 or i-130 green card applications.



Should Name on Passport match the Birth Certificate?

The same name on passport and birth certificate is good to have.

If the name has changed after birth, then you should have all the proofs of the name change.

For example, if your name has changed after marriage, you can show the name change using the passport and marriage certificate.

My birth certificate only has the first Name. Is it allowed?

The birth certificate is required to have your full name.

If you have just one first name printed, you can get this fixed at your birthplace and get a new certificate with full name.

This is highly recommended.

Can I use my class 10th certificate in place of Birth Certificate?

You cannot use the class 10th certificate in place of a birth certificate for the purpose of the USA green card.

My Birth certificate’s registration date is after one year of my birth? Is it acceptable?

Your birth certificate registered one year after your birth may or may not be accepted by USCIS.

We suggest submitting the affidavits from neighbors or relatives for your birth too along with the birth certificate that was registered after 375 days of birth.

Is professional translator required for translating birth certificate to English?

It is not mandatory to use a professional translator for a birth certificate.

You can avoid professional paid translation service as long as someone who knows both your native language and English can translate your birth certificate without errors.

You can ask your friend who can do it for you. Your friend would need to write a cover letter on a plain paper with all his contact details like Name, Phone Number, and contact address with the translation.

Can I get Birth Affidavit from My Mom and Dad?

you can get a birth certificate affidavit from your mom and dad but we suggest getting it from relatives or close neighbors.

You can choose these combinations to add more weight to your affidavits:
1. Affidavit 1 from either parent.
2. Affidavit 2 from a close relative or neighbor who is older than you in age preferably by about 4-5 years. This can be your father’s or mother’s brother/sister or anyone who witnessed your birth.

My birth certificate does not have my name, parent’s name spelling is wrong or the last name is missing. Can I use it?

You can use the birth certificate even if your own name is missing in the birth certificate. You can write it by hand.

It is okay if your last name is missing in the birth certificate.

The birth certificate with missing parent’s last name or misspellings is also acceptable.

If you want to be on an absolutely safe side, you can get the two affidavits as mentioned above, and submit them.

Can i get Affidavits made in the USA?

You can get the affidavits made in the USA as long as the person who is writing the birth certificate affidavit knows you from home country and can vouch for your birth.




Author

Anil Gupta
  By Anil Gupta           

Recent discussion on forum

  1. haniff75
    haniff75

    Hi Anil,

    You said earlier that if there is no birth certificate available then 10th class mark sheet can be used, but you have not mentioned it here. so please let me know why?


  2. Rajiv_Nadukuru
    Rajiv_Nadukuru

    Anil, Since we can apply based on filing date, (not sure if they change it back to final date or some other reason etc), can we just send without I-693? I think this will delay the complete application


  3. anil_am22
    anil_am22

    Hi @Rajiv_Nadukuru

    Please read the FAQ on the linked article.


  4. Chinmay_Mehta
    Chinmay_Mehta

    Hello, What should we do if we have one letter typo in the birth certificate?


  5. Npin
    Npin

    Anil,
    When my parents got married, per customs name of my mother was changed from MAIDEN_NAME to NEW_NAME. For first year both names were used. When I was born, my birth certificate listed NEW_NAME without any surname( and the certificate has my fathers full name).
    However the NEW_NAME, didn’t really stick and everyone referred her using her MAIDEN_NAME (with new surname). All of her documents(aadhar, passport) use MAIDEN_NAME + new surname.

    What documentary evidence, I need to get in order to explain this situation in legal terms.


  6. Farhan_Ahmed
    Farhan_Ahmed

    I am on same boat. My father name has typo in my birth certificate.
    My wife birth certificate has her different spelling. Also our birth certificates have been issued after 365 days of birth. Am talking to lawyers and will update as i hear more.


  7. nagesh
    nagesh

    What are the options if the Birth certificate and Passport has different dates (1 day difference) ?


  8. anudnu
    anudnu

    Hi,

    Is it mandatory for the birth certificate to mention both my first name and last name ?
    My birth certificate only has my first name and parent’s name separately.
    Even though my first name in birth certificate matches with my passport, my last name is not mentioned explicitly in birth certificate. Would this become an issue for I-485 ?
    Also we have a son (who was born in India), also with the same first name/last name problem.


  9. morningsun
    morningsun

    Hello ,
    What to do if the name in the birth certificate is different from the one in passport . Secondly, also please advise what to do if there is no birth certificate available . What are the options in both the above scenarios while we get ready to file I-485 . Since this is urgent , any advise /inputs is highly appreciated .


  10. Sun010120
    Sun010120

    Hi,

    I preparing to file for my I485 in October 2020 and I have some questions regarding the birth certificate. Really appreciate if someone can clarify the below as soon as possible,

    1. I am the primary and I have obtained my birth certificate(BC) in 2016 from Panchayath. The Place of birth in Passport and my BC are not same. The place of birth in BC does not show the home address where I was born but does not include the City and State whereas the “Address of the parents at the time of birth of the child” in BC has City and State. In my passport the Place of Birth shows as the City mentioned in the “Address of the parents at the time of birth of the child” . Would this be a problem? If so, what should I do?

    2. My BC does not have spelled out names of my mom, dad or myself. Is this fine or should I get an affidavit with spelled out names?

    3. My wife (H4 dependent) does not have a birth certificate. May I know what are the options we have to file within October?

    Really appreciate if someone can clarify above questions?


  11. rajambn
    rajambn

    Hi Anil,

    Do we have do get the notarized affidavits for birth certificates for Indian citizens on a non judicial stamp papers or a regular white paper will work? Please advise and Thanks!


  12. anil_am22
    anil_am22

    Hi @rajambn

    Affidavit should be notarized on non-judicial paper.


  13. pradeep1
    pradeep1

    on stamp papers affidavits , we have first party/second party
    correct me -
    First party: Affiants name ?
    Second party: Nil

    Another questions:
    I heard cases where ppl used just affidavits for BC , they haven’t submitted “No birth certificate” from muncipalty , may be a year back ? does this hold true now also


  14. mygc11
    mygc11

    Hi @anil_am22 ,

    My parents are visiting me and they are here in USA since Feb 2020. Can I get affidavits from father and mother for late registration of birth certificate and notarized in USA? If so will that be good enough? Please advice and Thanks.


  15. anil_am22
    anil_am22

    You can get affidavits from your parents.


Comments are closed. Ask question on Forum

3 more replies