I 130 and 485

Asked over 1 year ago - Flushing, NY

Im trying to file 130 and 485 but i do not have birth certificate. Can I file without it?

Attorney answers (5)

  1. Alexander Joseph Segal

    Contributor Level 20

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    Answered . Yes you can, but you will definitely need it later on. If you have a copy, please include with the submissions. USCIS does not usually ask for an original to be mailed.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Eliza Grinberg

    Contributor Level 18

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    Answered . I would agree with Mr. Segal that you probably can, but should take steps to request one from your country of birth because eventually establishing identity is your responsibility. In immigration law, identity is always a question.

  3. Tripti Sharad Sharma

    Contributor Level 19

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    Answered . You can always file an incomplete application. However it will result in a delay in processing as you will get a request for evidence (RFE) seeking the birth certificate. Your adjustment application cannot be approved without the birth certificate or a legitimately documented non availability of it.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  4. Carly Stadum

    Contributor Level 8

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    Answered . The I-485 instructions say that if you do not have your birth certificate, you must demonstrate that either your birth certificate doesn't exist or that you can't obtain it, and that you must submit secondary evidence of your birth, such as church or school records that show proof of your birth.

  5. F. J. Capriotti III

    Contributor Level 20

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    Answered . Filing without it will cause, as the other attorneys mentioned, delays and problems.

    Do things correctly ... not quickly.

    Get the birth certificate before filing.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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