Is birth certificate required to file for I-485

[algorithm]

I went to uscis website and it does not mention that the applicant must submit a copy of a birth certificate.

Is a copy of birth certificate required?

This is what uscis site metions:
If your asylum status is granted, you should file a Form I-485 with the following supporting documentation (in this order):

*Completed and signed Form I-485, Application to Register Permanent Residence or Adjust Status
*Completed and signed Form I-693, Report of Medical Exam and Vaccination Record, if required. For more information, see the Instructions for Form I-693, and the Immigration Medical Examination” link to the left under "Green Card Processes & Procedures."
*Copy of I-94 card
Asylees may also submit a copy of their approval notice granting asylum or a copy of the immigration judge’s orders showing that you were granted asylum
*A completed Form G-325A, Biographic Information Sheet, if you are between 14 and 79 years of age
*Certified copies of court records (if you have been arrested)
*Two passport-style photos

 

[BigJoe5]

In some cases, alternate documents relating to birth are acceptable. See the reciprocity table on the State Department website for the country of birth. In that you have a file already and have been granted asylum, there is probably something already in your file that will suffice. The I-485 Form Instructions list the initial evidence and #2 is birth certificate.

 

[ata2010]

Hi BigJoe5, I just filed an I-485 for the 20 year old son of Guatemalan friends, and I also did not include a birth certificate for the reason you stated: I assumed they would already have something in the file. And I should add he never had one because he was born at home in Mexico. They never registered his birth and it's too late now. Not only that I did not include the I-130* concurrently as he is a second preference applicant. His mom and dad have been granted permanent residency, and I believe for I-130 should've been filed at the same time. The son's status was as asylee derivative and I included a copy of the I-94.

Was this a mistake and what can I expect now?

*corrected from I-300

 

[BigJoe5]

Hi BigJoe5, I just filed an I-485 for the 20 year old son of Guatemalan friends, and I also did not include a birth certificate for the reason you stated: I assumed they would already have something in the file. And I should add he never had one because he was born at home in Mexico. They never registered his birth and it's too late now. Not only that I did not include the I-300 concurrently as he is a second preference applicant. His mom and dad have been granted permanent residency, and I believe I could've filed that form at the same time. The son's status was as asylee derivative and I included a copy of the I-94.

Was this a mistake and what can I expect now?

Your post is confusing to me. You seem to talking about separate cases at the same time. Please clarify.

There is no such thing as a form I-300. What did you mean? Did you mean I-730 or I-130 or something else?

Foe Mexico documents see: http://travel.state.gov/visa/fees/fees_4881.ht ml?cid=3622


Guatemala:

In the absence of a birth record, a person claiming Guatemalan birth can create a record of such birth by obtaining from the Civil Registry a certificate verifying the nonexistence of birth registration, and then appearing before a Guatemalan Court with three witnesses who can swear to their knowledge of the person's place and date of birth. At the same time, affidavits from two physicians verifying the alleged age must also be submitted. Due to the relative ease with which birth records can be obtained, officers should be cautious in accepting such records created judicially. Baptismal certificates from church authorities are not recognized as legal documents by the Guatemalan government, but they can be used to prove a person's birth if the birth was not registered and the hospital's report or the midwife's report is not available.

 

[ata2010]

Oh yes, BigJoe5 I mean I-130, sorry about that! I did not file that concurrently with the I-485 petition. My question was what will happen and will they send the petition back to me incomplete or accept it as is?
And are you saying I should've included a certificate verifying the nonexistence of birth? (he was born in Mexico, not Guatemala).

 

[BigJoe5]

Oh yes, BigJoe5 I mean I-130, sorry about that! I did not file that concurrently with the I-485 petition. My question was what will happen and will they send the petition back to me incomplete or accept it as is?
And are you saying I should've included a certificate verifying the nonexistence of birth? (he was born in Mexico, not Guatemala).

Did you actually click on the link about the Mexican documents? There are specific procedures in Mexico for this situation.

I'm still confused and unfortunately you may be also.

You seem to be saying that some folks from Guatemala got asylum and have filed for greencards based on asylum (or did they already get the greencards?).

AND then you are talking about their kid, a 20 yr old that was born in Mexico, at home, to Guatemalan parents, and the kid is without a birth certificate. You also refer to the kid as a derivative asylee. AND then you are asking about an I-130 for him. To become a derivative asylee, the kid was either included in the application and granted asylum along with the parent(s) OR was later petitioned on a form I-730. Do either of these apply to him?

If not actually classified as a derivative asylee by the U.S. government, then he might only be the child of an LPR at this point OR the child of a soon-to-be LPR. That would require filing ONLY an I-130 and waiting for a priority date to become available (a probable 3 year wait). In such a case, a concurrent I-485 cannot be filed.

Was he present in the U.S. during the asylum process? If not, was he at least listed on the parents' I-589?

If he was not listed on the initial asylum application, and has no B/C, chances are he will be presumed to be an unrelated or more distantly related person. DNA testing may be required BUT don't even try that route without an OK from USCIS. If it is not done by-the-book, much money will go down the drain and the results won't even be considered.

HOW and WHEN did this kid enter the U.S.? You have mentioned an I-94. What is his admission code on the I-94? Is he still in a valid status right now? Has he built up 180 days of unlawful presence or more at this point? If not, watch the clock on that to avoid invoking a bar to re-entry.

Please review the form I-730 instructions at: http://www.uscis.gov/files/form/i-730instr.pdf to determine if this is the appropriate petition for him rather than an I-130. The I-130 is the fallback petition if the I-730 is not approvable at this time.

Please clarify.

 

[ata2010]

clarification

Did you actually click on the link about the Mexican documents? There are specific procedures in Mexico for this situation.

I'm still confused and unfortunately you may be also.

You seem to be saying that some folks from Guatemala got asylum and have filed for greencards based on asylum (or did they already get the greencards?).

AND then you are talking about their kid, a 20 yr old that was born in Mexico, at home, to Guatemalan parents, and the kid is without a birth certificate. You also refer to the kid as a derivative asylee. AND then you are asking about an I-130 for him. To become a derivative asylee, the kid was either included in the application and granted asylum along with the parent(s) OR was later petitioned on a form I-730. Do either of these apply to him?

Please clarify.

Oh..yes, BigJoe he was included in his dad's I-589. He came to the US with both parents and EWI. I don't know the code on the I-94 but he's an asylee derivative, indefinitely. Bear in mind both parents have been permanent residents for many years, but never applied for their son when he was a minor. Now he's twenty and wants a green card. I filled out the application I-485, adjustment of status (from derivative asylee to permanent resident) on behalf of the son (as an adult he is filing for himself, not dad for son). The only thing he had filed previously was a work permit so he could work, that was filed with a copy of the I-94.

I did not file form I-330 concurrently, that form has not been filed at all, but if I had it would've been on behalf of the father for his son, relative petition, and he would've been second preference. He's not eligible for the I-730. I mailed the I-485 with the I-765 work permit (renewal) petition. My question was, did I follow the correct procedure or will they send it back w/o the I
-330 or birth certificate? As you know (or should know if you're a lawyer) the I-330 may be filed concurrently with the I-485, or it may be filed separately. Hindsight is 20/20, I should've researched it more carefully before sending those documents off, I'm not a lawyer and I didn't realize that I could've filed the I-330 concurrently.

There was no birth certificate, the original I-589 petition included a declaration from the mother of the facts of birth. Sorry for the confusion; I think if I had made that clear from the start it would be more clear, the birth certificate is a separate issue but it hasn't become a major issue yet. And no, I haven't clicked on the link for the Mexican documents yet, the INS never asked for it before with the original I-585 but I will review it.

Question: if the son is an adult, how can only an I-330 be filed and not an I-485?

Thanks in advance for your advice/comments.

 

[BigJoe5]

The young man needs no petition at all. He is just doing the same process as his parents did but on his own at a later date. He already had provided something to show relationship to the principal asylee OR may have been granted it in his own right. You did not identify what his current immigration code is. Wait and see if USCIS requests further B/C and/or secondary evidence of birth.

Regarding a seperate I-130 (which does not apply to this case afterall). An LPR can file an I-130 for a spouse or child (unmarried and under 21) in family-based second preference category (F2A) or a son or daughter who is unmarried and over 21 in F2B.

The filing date of the I-130 becomes the Priority Date (PD) which must become "current" as listed for the specific category and for that country of birth as listed on the Visa Bulletin (published monthly by the State Department at: http://travel.state.gov/visa/bulletin/bulletin_1360.html ). The wait time for an F2A born in Mexico is around 5 1/2 years while for F2B it is 18 1/2 years. IF the beneficiary could be somehow cross-charged to Guatemala [not sure if that is even possible] the wait times are around 3 and 8+ years, respectively.

At the time that a PD becomes current, the beneficiary may file an application for an Immigrant Visa at their Consulate or Embassy in their home country OR may file for adjustment of status in the U.S.

HOWEVER, in order to file for adjustment as a family (or employment) based preference alien, the beneficiary HAS to be in a current lawful nonimmigrant status and be otherwise admissible as an immigrant under the INA.

An I-130 may be filed on behalf of an immediate relative of a USC (IR) concurrently with an I-485 package. An IR is the spouse, child who is unmarried and under 21, or parent of a USC. The beneficiary must have made a lawful entry into the U.S. in a nonimmigrant category that allows for adjustment of status as defined in the law and further clarifiesd in the regulations. The beneficiary may file even after the I-94 expiration date and may adjust if otherwise admissible as an immigrant under the INA.

The terms spouse (and fiance), child and parent, mother and father, are all defined in section 101 of the INA. Just as a starting point see INA 101 (a)(15)(K), (a)(35), (a)(50), (a)(51), (b)(1), (b)(2), (c)(1) and (c)(2). These terms are further refined in the immigrant visa allocation sections of the INA, start with 201 and 203. The INA treats these terms in both inclusive and exclusive provisions.

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Application under INA 245(i) is a whole other situation (not this guy) and very complex and quite limited, look to other threads if you want to learn about that.