Check Your Birth Documents!
Key Takeaways
- Before filing for AOS (adjustment of status), confirm you have the correct birth document type, complete names, and proof of timely registration to reduce the risk of an RFE (request for evidence).
- USCIS (U.S. Citizenship and Immigration Services) commonly expects long-form birth certificates that show parents’ names and place of birth; short-form extracts often trigger RFEs.
- Late or delayed registration, inconsistent name formats, and missing certified translations are frequent causes of additional requests and processing delays.
- If you’re unsure what your country requires, consult the Murthy Law Firm’s country-specific guidance and gather certified originals, translations, and any secondary evidence before filing.
Why this matters
Adjustment of status (AOS) applicants—people already in the U.S. applying for lawful permanent residence—regularly face RFEs when birth documentation is incomplete or the wrong document type is submitted. An RFE can add weeks or months to a case and may require costly document retrieval from foreign registries. For families, employment-based applicants, and derivative beneficiaries, that delay can mean postponed work authorization, travel restrictions, and prolonged uncertainty.
What to check and common problems
Check that the certificate is the full, long-form birth record showing full names (including mother’s and father’s names), exact place of birth, and an official registry stamp or seal. Short-form certificates, hospital summaries, or birth extracts often lack required detail. Also confirm timely registration: many countries allow late registration, but USCIS may ask for an explanation and supporting evidence if registration occurred years after birth. Certified English translations are mandatory for any non-English documents, and many countries require legalization (apostille) or consular certification.
What to do now
Before filing, order certified long-form copies from the issuing civil registry and obtain certified translations. If a long-form record isn’t available, collect secondary evidence: baptismal records, early school records, medical records, or an affidavit explaining delays. If born abroad to U.S. parents, secure a Consular Report of Birth Abroad (CRBA) if eligible. Where questions remain, consult an immigration attorney to decide whether to file now or wait until you can support the birth record sufficiently to avoid an RFE.
Source: Original Article