Birth Documentation Issues in the Green Card Process

[Attorney_23]

This week, Murthy Law Firm attorneys will answer questions regarding birth documentation in the green card process.

If you have a general question, but do not wish to post it in the forum, you may reach a representative at the Murthy Law Firm via eMail. Please allow 3-to-5 business days for a response. Or, if you have case specific questions, please schedule a consultation with a Murthy Law Firm attorney.

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[kotas]

Born in year 1963, no government birth certificate. Few years ago got a notarized affidavit from mother about my birth date. This date is on all my school, college and all government issued documents. Is this valid for green card process

[manram123]

There is a mismatch between birthdate on my birth certificate and all official documents (educational transcripts, passport, visa, SSN etc.). (The date my birth was registered on (9 days post birth) was erroneously entered into my school documents and never corrected.) What’s the best way to address the situation when filing for GC sometime this year?

[Attorney_22]

On 5/4/2023 at 9:23 PM, kotas said:

Born in year 1963, no government birth certificate. Few years ago got a notarized affidavit from mother about my birth date. This date is on all my school, college and all government issued documents. Is this valid for green card process

When lacking primary evidence and it is known that primary evidence is not available, you will need to provide at least two birth affidavits and secondary evidence. 

[Attorney_22]

On 5/5/2023 at 8:35 AM, manram123 said:

There is a mismatch between birthdate on my birth certificate and all official documents (educational transcripts, passport, visa, SSN etc.). (The date my birth was registered on (9 days post birth) was erroneously entered into my school documents and never corrected.) What’s the best way to address the situation when filing for GC sometime this year?

USCIS/DOS will consider the birth certificate as controlling. It is best you speak directly with an experienced U.S. immigration attorney to discuss the issue.