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One essential document that you will need in the green card process is the birth certificate. However, if you are unable to obtain this document then you may substitute the birth certificate with a birth affidavit along with secondary evidence.
What to do when a birth certificate is unavailable?
Some examples of secondary evidence include: school records, religious records, medical records or a Certificate of Non Availability of Birth Certificate.
What should the affidavit contain?
The affiant (which is the person signing the affidavit) should be of legal age.
On the affidavit, the affiant should state their name, age and address.
The affiant should also explain how they obtained such knowledge of the birth (e.g, describing if they are a relative such as an aunt or uncle).
The full legal name of the parents (these are the parents of the child whose birth was not registered), the date of birth (mm/dd/yyyy) and place of birth should also be included.
The affidavit needs to follow the legal requirements of the jurisdiction where the affidavit is executed, utilizing stamping paper.
It should be in English or be accompanied by a certified translation.
The information from this affidavit must be conclusive and make sense. For example, the affiant should not be a cousin who is a similar age because at the time of the birth this individual would have been a baby or young child and therefore, unable to comprehend the birth.
Feel free to schedule a consultation with an attorney if you have more questions! Visit www.immlegal.com/consult.