USCIS Evidence of Birth: Primary and Secondary Evidence
USCIS evidence of birth is the document or documents an applicant submits to show the date and place of a birth, most often a birth certificate. USCIS regulations call the required document primary evidence, and allow secondary evidence only when the primary document does not exist or cannot be obtained.
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The rule
Federal regulation 8 CFR 103.2(b)(2) says the nonexistence or unavailability of required evidence creates a presumption of ineligibility. If a required document such as a birth certificate is unavailable, the applicant must show that, and then submit secondary evidence such as church or school records. If secondary evidence is also unavailable, the applicant must show both are unavailable and provide two or more affidavits from people who are not parties to the case and who have direct personal knowledge of the event.
Where a record does not exist, the regulation generally calls for an original written statement on government letterhead from the relevant authority explaining why.
Example: Form I-485
The USCIS checklist for the green card application (Form I-485) asks for a copy of the applicant's birth certificate. If it is unavailable or does not exist, USCIS says to submit other acceptable evidence of birth such as church, school or medical records, along with proof that the certificate is unavailable or does not exist.
Frequently asked questions
What is primary evidence of birth?
For most cases it is the birth certificate. The regulation refers to "a birth or marriage certificate" as a required document.
What if my birth was never registered?
Follow the regulation: show the record does not exist, then provide secondary evidence. Check the instructions for your specific form.
Does a foreign-language birth certificate need translating?
Yes. USCIS requires a full English translation with the translator's certification. See the entry on certified translation.
Sources
US Records is a private company and is not a government agency. Government agencies issue certified records; we help you order them.
Written By
US Records TeamThe US Records Team writes and reviews guides on birth, death, marriage and divorce certificates, using state statutes, agency instructions and court records as sources.
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