I-485 Birth Certificate
We all know how much important our identities are. Identity helps to empower an individual to get their rights and exercise their responsibilities fairly and equitably in modern society. In order to access those rights, one must prove that they’re really who they claim they are. For this, they need a birth certificate!
Well, a birth certificate is a very first document an individual gets. It helps to get other vital documents in life. It is primary evidence that tells who we are, when and where we were born, and to whom we were born. We need a birth certificate for almost every important event of our life such as education, employment, marriage, and most importantly for immigration purposes.
When it comes to immigration, a birth certificate is a must thing. It is a must to prove our national identity when to move to a foreign country. If you are planning to apply for US permanent Citizenship or Residency, you need to get form I-485.
Let’s have a look at what you need to know about Form I-485. What types of documents are required for it? What to do when you don’t have any original document? Read the article till the end to get all the important information for the I-485 form and the birth certificate needed for it!
WHAT IS FORM I-485?
Form I-485 is an “Application to Register Permanent Residence or adjustment status, which is used by an individual in the United States to apply for legal permanent status”. Form I-485 is also known as an application for adjustment of status or an adjustment application.
The Immigration and Nationality Act and other Federal authorities provide different ways to adjust status for legal permanent residents; informally known as applying for Green card application. The eligibility requirements for adjustment status may vary depending on what immigrant category you are applying for. You can check the official website of U.S. Citizenship and Immigration Services (USCIS) for more details about eligibility and discretion for adjustment status.
In addition, you are required to be present in the United States to apply for this form. You can apply as a principal applicant as the person directly qualifies for the immigration or as a family member of the principal applicant.
BIRTH CERTIFICATE REQUIREMENT FOR FORM I-485
In order to file the 1-485 application, the applicant needs to submit a copy of their foreign birth certificate or sufficient secondary evidence of birth. It helps to establish the derivative relationship of the applicant’s country of citizenship for visa charge ability, identity, and existence. An acceptable birth certificate must be obtained from the local government authority or relevant civil department. A long-form birth certificate includes the following details about the person who was born:
- Name of the person
- Date of birth
- Place of birth
- Full names of both parents
- Name of issuing government agency
- Issued date
- Seal or other certification
When a birth certificate doesn’t meet all these requirements, you need to get additional evidence of birth. If you want to know that whether an original birth certificate is required or the secondary evidence of birth will be acceptable for a particular country, you can visit the Department of State’s Country Reciprocity Schedule.
Other than that, the foreign birth certificate must have a certified English translation along with it. Here is how you can get the translation for the I-485 birth certificate.
HOW TO GET A TRANSLATION FOR I-485 BIRTH CERTIFICATE?
If your document is in a language other than English, you need to get a certified translation of your birth certificate according to the standards of U.S. Citizenship and Immigration Services (USCIS). A certified USCIS translation must include a sworn statement that affirms the ability of the translator to translate the birth certificate from a foreign language to the English language accurately for immigration application.
You can get the translation for the I-485 birth certificate with the help of a translation agency or a certified professional translator. All you need to do is submit your birth certificate to the translator or agency and ask them for certified USCIS translation. They provide accurate translation according to the standards of the USCIS, so you don’t have to get worried about rejection. You can either contact them online or visit your nearest translation agency.
WHAT TO DO WHEN A BIRTH CERTIFICATE IS NOT AVAILABLE?
In case when adjustment of the status applicant is unable to submit the original or certified copy of the birth certificate during to unavailability of the certificate, he/she will need to submit alternative evidence of birth. Moreover, the applicant needs to submit the certificate of non-availability as well.
If there is no secondary evidence like a baptismal certificate, marriage certificate, or some kind of medical record showing when someone was born, then two affidavits of birth must be submitted for Form I-485.
WHAT ARE THE REQUIREMENTS OF A BIRTH AFFIDAVIT?
USCIS has strict requirements for affidavits of birth. In order to meet the burden of proof, the immigration officer will examine the credibility and value of the birth affidavit. An affidavit of birth can only be valid if it meets the following criteria.
- It must include the applicant’s full name, date of birth, place of birth, and the full name of both parents of the applicant.
- Include the full name of each parent of the applicant no matter who wrote the affidavit. For instance, if an uncle executes an affidavit on your behalf, he needs to include both of your parents’ full legal names.
- State what’s the relationship of the applicant with the writer and how they know the applicant’s birth. Your mother, for example, should state that she knows your date of birth because she was the one who gave you birth. Similarly, your father may state that he was present in the hospital at the time of birth.
- Write the date in a format like, for example, “April 22, 1989″ instead of “4/22/89.”
- Write the first, middle, and last name of every person whose name is mentioned in the affidavit. The list includes the applicant’s, the person who signs the affidavit, and both the parent’s names of the applicant. Avoid using initials!
- The name that appears in the affidavit must be the same as in the adjustment of the status application.
- Make sure to mention your mother’s current married name.
These are the important instructions that you need to keep in mind when writing an affidavit. Read to know about Getting Notarized Translations for Birth Certificates.
WHO CAN WRITE AN AFFIDAVIT?
The person who writes an affidavit is an “affiant.” The one who writes an affidavit is known as “affiant”. Affiants may be a relative or family friend of the applicant and must be non-US citizens. Anyone alive at the time of the applicant’s birth and aware of the birth can write an affidavit. Commonly, the applicant’s parents write the affidavit themselves but there is an exception. In the case when the applicant’s parents are also submitting Form I-485 to adjust status, they cannot act as an affiant.
If you are filing an I-485 application for yourself or your family, remember all the information that we have provided to avoid any inconvenience. So, get your birth certificate and additional documents ready and file your permanent residency for the United States today!