Hammond & Associates
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ALTERNATE DOCUMENTATION WHEN A BIRTH CERTIFICATE IS NOT AVAILABLE OR WHEN THE BIRTH CERTIFICATE DOES NOT LIST THE NAME OF THE CHILD OR BOTH NAMES OF THE PARENTS

Every applicant for Adjustment of Status must submit documentation of birth. A birth certificate is always the preferred method of proof.

If a birth certificate is not available the I-485 applicant needs to submit the following:

a) A statement from his home country stating that no birth certificate is available, commonly referred           to as a Non-availability Certificate
b) Supplemental information of the birth, namely,
1) Two affidavits from family members or friends who can verify the birth., or
2) Church records such as baptismal certificates, or
3) School records, or
4) Other legal records such as records of judicial proceedings.

If a birth certificate is available but it does not list the name of the child and the name of both parents, the applicant should submit the following:

a) A copy of the birth certificate, and
b) Supplemental information as to the name of the child and the name of both parents, namely,
1) Two affidavits from family members or friends who can verify the name of the child, or
2) Church records such as baptismal certificates which show the name and date of birth, or
3) School records which show the name and date of birth, or
4) Other legal records such as records of judicial proceedings.

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