Birth
Certificates
1. Does the I.N.S. require a birth certificate in order
to process an application for Permanent Residence? I am an Indian national and I
don't have a birth certificate issued by the Indian government. What can I do?
According to the U.S. Department of State's Foreign
Affairs Manual, registration of births in India prior to 1970 was voluntary. Under the
Registration of Births and Deaths Act of 1969, births are required to be registered in
almost all of the States and Union Territories of India. Birth certificates are available
to any applicant born on or after April 1, 1970, on payment of nominal fees to the
appropriate authority.
In cases where birth certificates from the appropriate
authorities are unavailable or contain insufficient information regarding the birth or the
parents, two sworn affidavits executed by each parent, if living, or other older close
relatives may be submitted. The close relative must be old enough and of such
relationship as to have personal knowledge of the birth at the time and plate it
occurred. Each affidavit should set forth the relationship between the deponent and
the applicant, how well the deponent knows the applicant, date and place of the
applicant's birth, the names of both parents, and any other related facts. Such affidavit,
when birth certificates are unavailable, should be accompanied by a document from a
competent governmental authority that the certificates did not exist or no longer
exist. We can provide our clients with a sample of such a "letter of
non-availability" and affidavit of birth.
2. I am an Indian national, and do have a birth
certificate, but my name does not appear on it. Can I still use this document, or is
something else required?
You can use the birth certificate as it is. However,
you would also need to obtain a sworn affidavit from both parents, if living, which
explains the customary reason why the name did not appear on the certificate and provides
details on your subsequent naming. Again, we can provide our clients with a sample
affidavit.
3. I am Chinese and don't have a birth
certificate. What can I do?
Birth certificates are available in the
form of notarial certificates (Chu Cheng Gong Zheng Shu or Shu Sheng Zheng Ming Shu) which
can be obtained from one of China's Notarial Offices (Gong Zheng Chu) which are located in
all large Chinese cities and in rural county seats. Individual living outside of
China may obtain notarial certificates from the notarial office with jurisdiction over the
county of previous residence. Chinese relatives or friends may request issuance of
certificates on behalf of someone now living abroad. Relatives and friends should
have specific written authorization from the interested party before they request
certificates. Alternatively, persons in need of notarial documents may contact the PRC
Embassy or Consulate nearest to their residence abroad and ask that the request be
forwarded to the appropriate notarial office. Obtaining a notarial certificates through a
PRC Embassy or Consulate can require considerable time, however.