NVC Birth Certificate Rejected

[MBastien8 0]

Hi all, 

 

The NVC has twice rejected my husband's birth certificate, issued from Brazil. He is immigrating from Brazil. He obtained a copy from his local cartorio, which is the issuing body for birth certificates. However, NVC left a message stating, "please replace this withan acceptable birth certificate from a correct issuing authority." We submited a simple birth certificate. However, I'm wondering if we should submit a long form or one with more detail..Although, everyone that ive asked for help telps me there is nothing wrong with the document we submitted. Is there something im missing?

 

Thanks for any imput,

 

Macky-

[SusieQQQ 11,585]

Birth certificates for immigration always have to be long form. That is clearly stated on the travel.state.gov pages for civil documents. For Brazil specifically you should check the DoS Reciprocity pages

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Brazil.html

 

Birth Certificates

Available: In all 26 states and the Federal District of Brasilia.

Fees: There are no fees for the first original.  For additional copies, variable fees apply.

Document Name: Birth Certificate (Certidão de Nascimento)

Issuing Authority: Civil Registry (Cartório de Registro Civil das Pessoas Naturais).

Special Seal(s) / Color / Format: Certificates vary in form depending on the state where it was issued. There are standard and unabridged versions of birth certificates.  Both are acceptable. The extended versions (Certidão de Inteiro Teor and Certidão de Pública Forma) contain the same basic information required in the simplified version as well as more detailed information about the birth and a history of any amendments.  Birth certificates may include annotations regarding adoptions or the acquisition of social-affective parents (see comments below).  

Issuing Authority Personnel Title: There is no issuing authority personnel title.

Registration Criteria: Variable

Procedure for Obtaining: Available from Civil Registry (Cartório de Registro Civil das Pessoas Naturais). Until recently it was necessary to visit a civil registry office in person or by sending a personal representative in the state where the record is maintained in order to obtain a copy of the document.  Now some cartórios may be able to obtain records from other states, although this is not consistent for all documents and for all states in Brazil.    

In cases where people have married, divorced, and etc.:  to obtain an annotated birth certificate, a person needs to go to a notary (cartório) and request an updated copy of his/her birth certificate.  However, the lack of an annotation on the birth certificate does not necessarily mean that the person’s personal status has not changed.   Usually, a recently issued birth certificate includes all the amendments and/or annotations of that person’s life events (marriage, divorce, and etc.). That said, in cases where birth certificates lack annotations and/or amendments and have not been updated do not necessarily mean that a particular life event has not occurred.  

Certified Copies Available: Certified copies are available

Alternate Documents: Unabridged birth certificates are available (Certidão de Inteiro Teor). Annotated certificates are also available.

Exceptions: None

Comments:  For examples of Brazilian civil documents click here.

Since November 21, 2017, it has been possible to register social-affective parenthood (paternidade ou maternidade socio-afetiva) in the civil register.  Any adult, other than a biological grand-parent or sibling, who is over 18 years old and more than 16 years older than the child, may voluntarily register as a mother or father on the basis of having a parent-child relationship based upon “social affection.”  It is possible for a child to be registered with the names of up to four parents (two mothers and two fathers).  As such, a child may be registered under the name of his/her step-parents, or biological parents, or adoptive parents or under the name of an adult who has declared a bond of social-affective parenthood; any combination of these parents’ names may be used on the certificate.   These parents all share identical parental rights, responsibilities, and privileges under Brazilian law, regardless of the basis of the parentage claim.

Because of the new law, it is not possible to determine from standard birth certificates issued after November 21, 2017 whether the listed parents are the biological parents, adoptive parents, or other social-affective parents.  To determine this relationship it is necessary to obtain a complete unabridged record (certidao de inteiro teor).  This may be obtained from the civil registry office (cartório) where the birth is registered.

[MBastien8 0]

Thanks SusieQQQ for replying.  Its interesting because the Travel.state.gov site for Brazil states that both the standard and unabridged versions are acceptable.  It states, "There are standard and unabridged versions of birth certificates.  Both are acceptable." I submitted the standard version.  Is it just the norm to send the extended versions (Certidão de Inteiro Teor and Certidã)? 

[SusieQQQ 11,585]

3 minutes ago, MBastien8 said:

Thanks SusieQQQ for replying.  Its interesting because the Travel.state.gov site for Brazil states that both the standard and unabridged versions are acceptable.  It states, "There are standard and unabridged versions of birth certificates.  Both are acceptable." I submitted the standard version.  Is it just the norm to send the extended versions (Certidão de Inteiro Teor and Certidã)? 

I don’t know what “the norm” is but the extract above states “Because of the new law, it is not possible to determine from standard birth certificates issued after November 21, 2017 whether the listed parents are the biological parents, adoptive parents, or other social-affective parents. To determine this relationship it is necessary to obtain a complete unabridged record (certidao de inteiro teor).  This may be obtained from the civil registry office (cartório) where the birth is registered.”

Was the standard certificate you supplied obtained after 2017? That may be the issue.

[MBastien8 0]

Yes, thank you for highlighting this for me..it now makes sense. Thank you so much!! We will do that..get the unabridged version!! Thank you once again!!!

[SusieQQQ 11,585]

Hopefully it works! Good luck 

[dephomega 1]

Hey just wanted to say thanks for the advice the other person never got back but I would just like to say that ordering Certidao de Nascimento em inteiro teor and submitting it did work, guys. THIS IS THE ONE THAT THEY WANT. I was struggling with the same problem so good luck everybody else!! and make sure you submit both translated and original.

[TBoneTX 43,393]

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