In every adjustment of status case, the applicant must submit documentation of his/her birth. An official government birth certificate is the preferred type of documentation.

Prior to l970, the reporting of births in India was voluntary, so no standard or uniform certificates were issued. Birth certificates are available to any applicant born on or after April l, l970, upon payment of a nominal fee to the appropriate authority.

In cases where birth certificates from the authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant, may be submitted. It 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 an affidavit, when a birth certificate is unavailable, should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist, or no longer exists.

The preferred birth certificate will contain:

1. Your name;
2. Your date of birth;
3. Your place of birth;
4. Your mother’s name; and
5. Your father’s name.

If your birth certificate is missing any one or more of the above 5 items, you should also submit your school leaving certificate and an affidavit from either parent (mother preferred) stating:

1. The full names of both parents;
2. The date and place of their marriage;
3. Your full name;
4. That you are in fact their child;
5. Your date of birth; and
6. Your place of birth (city/town, state/province, & country).

If a birth certificate is not available at all, you must submit an affidavit from a competent governmental authority confirming that the certificate does not exist, or no longer exists. Also include your school leaving certificate and an affidavit from either parent as described above. If neither parent is living, you can submit multiple affidavits from close relatives older than you, who have personal knowledge of your birth. The affidavit should include:

1. The full name and address of the person making the affidavit;
2. The affiant’s relationship to you;
3. Your full name;
4. Your date of birth;
5. Your place of birth (city/town, state/province, & country);
6. The names of both your parents; and
7. How the affiant has personal knowledge of your birth.