Birth certificate late registration and secondary evidence

Question details

I have a delayed birth registration certificate issued by municipal authority with place of birth: hospital name, city. My passport just got the city name as place of birth. Do I need to submit secondary evidence when I file I-485 because of delayed registration?

ANSWER

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/1QbgUmUUJvc?t=1405

FAQ Transcript:

In many countries especially India, Pakistan, Bangladesh, it can happen that the birth occurred much earlier but the registration of the birth was done much later. Remember it was not the law that you have to register every birth, it was a voluntary action. So if a child was born in 1980 or 1970 you registered the birth in 2015 because that’s when you needed to get the green card. Now those are not acceptable registration. What you should do in those cases is get a letter from the municipal corporation, or local government, that says before this was registered there was no other registration. Like a non-availability before the registration. Along with that get two affidavits, from your parents or other people, who were alive when you were born, that will take care of it.

Secondary evidence becomes acceptable only when you can’t get non-availability from the municipal corporation and that’s a much more complicated area. I think you should get the non-availability.

Immigration Law

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