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I 130 and 485

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. Best answer

    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) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  2. 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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


  3. 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.


  4. 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. 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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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