USCIS Birth Certificate Requirement

[thetoadlord 0]

Hello, and thank you in advance to those who are reading this and who choose to reply.

I am a US citizen, born and bred here, blah blah blah. I married a Dutch citizen and we filed the concurrent I-130 and I-485 with the support declaration, etc. etc. our applications were accepted, they took our money, we got official notices of action with receipt numbers, etc. etc. etc.

Three days ago we received a request for evidence concerning his birth certificate. He was born in Russia, has a Russian mother and Afghan father, and he -was- issued a birth certificate, but this is where we have problems.

We did not submit his birth certificate because the names of his parents and their dates of birth are different from what the Dutch government has on record. Basically, when his parents came into the Netherlands as refugees from Afghanistan (he was a young child at the time) they falsified some of their information because they were afraid that the Dutch government would not accept them as refugees if they knew that his parents could both legally live in Russia.

What we did submit were his school records, his passport and his graduation papers which all show his accurate date and place of birth. Having talked to a USCIS officer, we have been told basically that USCIS can make their decision with the paperwork they have, but they really would like either his birth certificate or a document from the Russian government on official letterhead stating why he doesn't have a birth certificate. Obviously, we cannot get a document from the Russian government explaining why he doesn't have a birth certificate because he does have one and they would know that.

We cannot give his birth certificate to USCIS either, though, because the names and dates of birth for his parents are listed there and are different from what we already filled in on the forms we submitted. What can we possibly do about this? He is terrified of revealing his parents' deception (although they have now been Dutch citizens for over 15 years) because he is afraid the Dutch government will deport them to Russia where they will end up in jail, despite the fact that both his parents are law-abiding citizens other than the falsifying of some of their birth information.

If we tell USCIS that we cannot furnish them with any more information than they already have, what are they likely to do? Will they simply proceed with their decision based on the documents they already have? Or are they likely to ask us why we cannot get a document from the Russian government explaining why he doesn't have a birth certificate?

Alternatively, what if we came clean to the USCIS? Does USCIS care if a couple in the Netherlands obtained Dutch citizenship through a small deception? Will USCIS notify the Dutch and/or Russian authorities that his parents falsified some of their birth information?

To close, I suppose my first and most important question that I would like answered is this: if we simply tell USCIS that what they have is what they're going to get and we have nothing else for them, will they still make an honest decision or are they more likely to just flat-out deny the application?

Thank you again in advance for any replies on this matter.

- thetoadlord

[Jojo92122 1,924]

You need to consult with at least two lawyers; a US immigration attorney and a Dutch attorney.

You and your spouse should not submit any information or evidence that you know to be false. It doesn't matter if those documents are legal in the Netherlands. Those documents contain information that is false. If USCIS or another US agency discovers that you have knowingly submitted evidence with false information, that could be the basis of denying your petition for your spouse. It could mean a life time ban from entering the US; i.e., no immigration visa, no tourist visa, etc.

The US government is not going to perpetuate a "small deception" as you have labeled it. The US government is not going to rely on documents gained through deception to approve an immigration petition.

You and your husband have only one choice if you want to ensure he can legally immigrate to the US and stay, and that is to tell the truth. Any misrepresentation could be detrimental. This is why you should consult with a US immigration attorney.

The US government will do a background check on your spouse and verify the documents submitted. The US government could share information with the Dutch government. This could be detrimental to your spouse's parents. This is why you will need a Dutch attorney.

You and your spouse are on dangerous grounds since his Dutch documents are based on lies and deceptions. You need professional help. This is not a Do-It-Yourself situation.

Edited March 8, 2011 by Jojo92122

[Jaquelyn 0]

Hello,

My husband and I are in the process of AOS right now, and we are in a similar situation. Although he is a British citizen with a British passport, clearly stating his date of birth, he was born in Afghanistan, and he never actually had a birth certificate.Since it would be impossible to get a record of his birth in Afghanistan, our lawyer suggested that we have friends and/or family members who witnessed his birth sign affidavits certifying that he was born on that day, in that city, to these people, etc. If you could have his mother, father, aunt, uncle, or older sibling sign one of those documents they will most likely accept it as proof of his birth.

Make sure to include the following in the affidavit:

Relatives's full name

Relatives's date of birth

Relative's place of birth

Applicant's full name

Applicant's date of birth

Applicant's place of birth

Sample letter looks like this:

AFFIDAVIT

I, (mother's) last name (maiden name) first name, wife of (spouse) last name first name, being duly sworn, do depose and make the following statements:

I was born in place of birth, State, Country on Date Of Birth.

I am married to (spouse) last name first name on date (of their marriage).

I am the mother of (your) last name first name and (your father's) last name first name is his/her father.

(Your) last name first name was born on date (of birth in MM/DD/YYYY) at time (of birth am/pm) in City, State, Country.

Signature:

Date:

N O T A R Y

Good Luck!

[Anh map 2,098]

Hello, and thank you in advance to those who are reading this and who choose to reply.

I am a US citizen, born and bred here, blah blah blah. I married a Dutch citizen and we filed the concurrent I-130 and I-485 with the support declaration, etc. etc. our applications were accepted, they took our money, we got official notices of action with receipt numbers, etc. etc. etc.

Three days ago we received a request for evidence concerning his birth certificate. He was born in Russia, has a Russian mother and Afghan father, and he -was- issued a birth certificate, but this is where we have problems.

We did not submit his birth certificate because the names of his parents and their dates of birth are different from what the Dutch government has on record. Basically, when his parents came into the Netherlands as refugees from Afghanistan (he was a young child at the time) they falsified some of their information because they were afraid that the Dutch government would not accept them as refugees if they knew that his parents could both legally live in Russia.

What we did submit were his school records, his passport and his graduation papers which all show his accurate date and place of birth. Having talked to a USCIS officer, we have been told basically that USCIS can make their decision with the paperwork they have, but they really would like either his birth certificate or a document from the Russian government on official letterhead stating why he doesn't have a birth certificate. Obviously, we cannot get a document from the Russian government explaining why he doesn't have a birth certificate because he does have one and they would know that.

We cannot give his birth certificate to USCIS either, though, because the names and dates of birth for his parents are listed there and are different from what we already filled in on the forms we submitted. What can we possibly do about this? He is terrified of revealing his parents' deception (although they have now been Dutch citizens for over 15 years) because he is afraid the Dutch government will deport them to Russia where they will end up in jail, despite the fact that both his parents are law-abiding citizens other than the falsifying of some of their birth information.

If we tell USCIS that we cannot furnish them with any more information than they already have, what are they likely to do? Will they simply proceed with their decision based on the documents they already have? Or are they likely to ask us why we cannot get a document from the Russian government explaining why he doesn't have a birth certificate?

Alternatively, what if we came clean to the USCIS? Does USCIS care if a couple in the Netherlands obtained Dutch citizenship through a small deception? Will USCIS notify the Dutch and/or Russian authorities that his parents falsified some of their birth information?

To close, I suppose my first and most important question that I would like answered is this: if we simply tell USCIS that what they have is what they're going to get and we have nothing else for them, will they still make an honest decision or are they more likely to just flat-out deny the application?

Thank you again in advance for any replies on this matter.

- thetoadlord

Dictating terms to a USCIS officer rarely goes well.

See this link from the State Dept. website regarding unobtainable birth certificates. It may be helpful in your situation. http://travel.state.gov/visa/immigrants/info/info_3195.html#certificates A consultation with an experienced immigration attorney may also be worth the time and expense.

[LIFE'SJOURNEY 970]

Hello,

My husband and I are in the process of AOS right now, and we are in a similar situation. Although he is a British citizen with a British passport, clearly stating his date of birth, he was born in Afghanistan, and he never actually had a birth certificate.Since it would be impossible to get a record of his birth in Afghanistan, our lawyer suggested that we have friends and/or family members who witnessed his birth sign affidavits certifying that he was born on that day, in that city, to these people, etc. If you could have his mother, father, aunt, uncle, or older sibling sign one of those documents they will most likely accept it as proof of his birth.

Make sure to include the following in the affidavit:

Relatives's full name

Relatives's date of birth

Relative's place of birth

Applicant's full name

Applicant's date of birth

Applicant's place of birth

Sample letter looks like this:

AFFIDAVIT

I, (mother's) last name (maiden name) first name, wife of (spouse) last name first name, being duly sworn, do depose and make the following statements:

I was born in place of birth, State, Country on Date Of Birth.

I am married to (spouse) last name first name on date (of their marriage).

I am the mother of (your) last name first name and (your father's) last name first name is his/her father.

(Your) last name first name was born on date (of birth in MM/DD/YYYY) at time (of birth am/pm) in City, State, Country.

Signature:

Date:

N O T A R Y

Good Luck!

Jaq, I think the original poster problem is a lot different than yours, they have falsified records, so just getting a letter notarized isn't going to change what they have in hand. The poster before you have given them so good sound advise, they need to speak to an immigration lawyer before they proceed further.