The first page of the instructions fo r Form I-485 (under "Initial Evidence") states the following:
"Birth certificate. Submit a copy of your foreign birth certificate or other record of your birth that meets the provisions of secondary evidence found in 8 CFR 103.2(b)(2)."
CFR refers to the Code of Federal Regulations, available at:
Code of Federal Regulations : National Records and Archives Administration
http://www.access.gpo.gov/nara/cfr/ .
The specific provision is found under Title 8 (Aliens and Nationality), Part 103 (Powers and duties of Service officers; availability of Service records). It states as follows:
"Sec. 103.2 Applications, petitions, and other documents.
* * *
(b) Evidence and processing
* * *
(2) Submitting secondary evidence and affidavits--(i) General. The non-existence or other unavailability of required evidence creates a presumption of ineligibility. If a required document, such as a birth or marriage certificate, does not exist or cannot be obtained, an
applicant or petitioner must demonstrate this and submit secondary evidence, such
as church or school records, pertinent to the facts at issue. If secondary evidence also does not exist or cannot be obtained, the applicant or petitioner must demonstrate the unavailability of both the required document and relevant secondary evidence, and submit two or more affidavits, sworn to or affirmed by persons who are not parties to the petition who have direct personal knowledge of the event and circumstances. Secondary evidence must overcome the unavailability of
primary evidence, and affidavits must overcome the unavailability of both primary and secondary evidence.
(ii) Demonstrating that a record is not available. Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate
the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual
indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document
or statement. However, where the Service finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement."
"Code of Federal Regulations: Title 8, Volume 1", U.S. Government
Printing Office via GPO Access (revised as of January 1, 2002)
National Records and Archives Administration
http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=8&PART=103&SECTION=2&YEAR=2002&TYPE=TEXT
USCIS states that : Two COPIES - Birth certificates (including children if any) IF THE BIRTHS WERE RECENTLY RECORDED OR MISSING ANY PERTINENT INFORMATION, AFFIDAVITS ARE REQUIRED (INSTRUCTIONS ATTACHED) USCIS
WILL NOT ACCEPT DOCUMENTATION SUBMITTED FROM A HOSPITAL OR EMBASSY (So this renders the birth certificates issued from foreign consulates useless).
Affidavit Instructions
You must have two people complete and sign an affidavit. They cannot be your mother, father, sister or brother. The person must have been at least 16 years of age at the time of the birth and the affidavits must be notarized. This can be done by people in or out of the United States.
The attached affidavit is just a sample. It must be retyped, omitting the portion we have
underlined (uncle, cousin, friend, etc.).
In order for the Immigration Service to accept affidavits in lieu of official certificates, they require a statement from the local government office stating that the birth or marriages
was not recorded, or not recorded completely (certificate of “Nonexistence of Birth Record”). The statement must refer to your name. Please obtain this statement along with the affidavits. See below for sample:
AFFIDAVIT OF BIRTH
I, __________________________, certify to the following:
1. I was born on ___________, 19___, in the town of ___________________ and country of ________________________. I am _____ years of age. I am currently residing at _________________________________________________________________________.
2. ________________________________ was born to _________________________ and _________________________ on _______________ in ____________________.
3. The above facts are within my personal knowledge because _________________ is my _____________(uncle, cousin, friend, etc.), and I was present at the time of said birth.
Dated: ______________, 200_ _____________________________
Signature
Subscribed and sworn to before me this
________ day of ___________, 200_
at ________________________________.
My commission expires ___________, 200_
___________________________ ________________________
Notary Public Official Seal
Certificate of “Nonexistence of Birth Record” must be issued by government authority, i.e., one charged with the responsibility for keeping birth and death records for that municipality, attesting that there is no record of the birth. A certificate of “Nonexistence of Birth Record” must include:
Name of child
Date of birth
Place of birth
Full name of father
Full name of mother
References :
http://immigrationvoice.org/forum/showthread.php?p=84025
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=
1024039761&f=1474093861&m=2941080051
http://www.answers.google.com/answers/threadview?id=77294
