If you were born in Mainland China and are applying for a U.S. green card, you will need to submit a China notarial birth certificate (NBC). That’s true regardless of whether you are filing a Form I-485 (Application to Adjust Status) with U.S. Citizenship and Immigration Services or are applying for an immigrant visa at a U.S. consulate abroad.
This article covers:
Contents
- Two Types of Certificates the Notary Can Provide
- The U.S. State Department Guidelines for Birth Certificates
- Why Getting a Notarial Birth Certificate Can Be Difficult
- USCIS Rules for When a Birth Certificate Is Unobtainable
- State Department Rules for When a Birth Certificate Is Unobtainable
- Secondary Evidence of the Circumstances of Birth
- Affidavits
- Applying for the NBC on Your Own
- Working with Chodorow Law Offices
- Who is Quoting This Article?
- Further Reading
Two Types of Certificates the Notary Can Provide
An article from the China Notary Association emphasizes that there are two types of notarial certificate (gong zheng shu 公证书) that can be issued to describe the circumstances of a person’s birth:
Type 1: Birth certificate notarization (出生证公证 chushengzheng gongzheng):
People born in 1996 or later should have a medical certificate of birth (出生医学证明 chusheng yixue zhengming). That certificate should be issued by the hospital or medical clinic where the individual was born, or by the public health administration based on the report of a professional who assisted with a home birth. Issuance of such certificates is mandated by the Law on Maternal and Infant Health Care, article 23 (1994).
The first type of notarial certificate is a “birth certificate notarization,” meaning a photocopy of the medical certificate of birth with an attestation by the notary that the photocopy “confirms to the original, and that the original document is authentic.” The notarial certificate lists the “issue under notarization” (公证事项) as “birth certificate” (出生医学证明):
Type 2: Birth notarization (出生公证 chusheng gongzheng):
The second type of notarial certificate is issued based on presenting to the notary evidence of the circumstances of birth, such as:
- Birth certificate (出生证明书) or medical certificate of birth (出生医学证明) issued by the hospital
- Record issued by the Household Registration Department of the local Public Security Bureau
- Evidence of the circumstances of birth found in a personnel file held by a sub-district office (街道办事处) or the personnel department of a work unit
- DNA test results
Unlike the Type 1 certificate, Type 2 does not include a photocopy of the medical certificate of birth (出生医学证明). Instead, it merely describes the notary’s conclusions about the circumstances of birth. It lists the “issue under notarization” (公证事项) as “birth” (出生):
The U.S. State Department Guidelines for Birth Certificates
Both USCIS and the State Department look to guidelines in the State Department’s Reciprocity and Civil Documents by Country for what type of birth certificate is required.
The State Department’s guidelines were last updated on May 13, 2019. They explain that for purposes of U.S. immigration a person born in mainland China must present a notarial certificate (公证书) issued by the local notary public office (公证处). These guidelines describe the required certificate as follows:
Special Seal(s) / Color / Format: A notarial birth certificate normally contains a watermark, seal, and red stamp. It indicates the applicant’s name, gender, date of birth, ID number, place of birth, and both parents’ names. NOTE: Notarial birth certificates issued prior to 2012 may not list the ID number. All notarial documents must have an English translation, and be attached with a certificate stating that the English translation is in conformity with the Chinese original.
Issuing Authority Personnel Title: Notary Public (公证员)
Registration Criteria:
- A National ID and household registration (户口簿). If the applicant lives abroad, a copy of his or her passport is also required.
- One of the following three documents evidencing the circumstances of birth:
- Birth certificate (出生证明书) or medical certificate of birth (出生医学证明) issued by the hospital
- Initial Birth Record issued by the Household Registration Department of the local Public Security Bureau
- Proof of birth issued by the sub-district office (街道办事处) or the Personnel Department of Work Unit
- Photographs – at least two.
- A signed affidavit or authorization certificate from the applicant if someone other than the applicant applies for the certificate on his or her behalf. The authorized person also needs to provide his/her national ID.
- Documentation of both parents’ identification. If deceased, a death certificate is required.
- Other documents requested by the Notary Public (公证员).
Procedure for Obtaining:
- Complete an application and submit all relevant documents to the Notary Public Office (公证处).
- The Notary Public then examines the documents. If the application is accepted, the applicant pays all related notary fees.
- Once the review of the submitted documentation is completed, the notarial birth certificate is issued….
Comments: Applicants should check the website or contact their local Notary Public Office to obtain specific information regarding required fees and supporting documents.
Why Getting a Notarial Birth Certificate Can Be Difficult
In some cases, getting a notarial birth certificate can be difficult.
One reason is that prior to standardization of medical certificates of birth in 1996, birth registration was decentralized and there was no standard format for birth certificates.
Another reason is that the other types of evidence of the circumstances may be unavailable. As mentioned above, those are most commonly:
- Birth certificate (出生证明书) or medical certificate of birth (出生医学证明) issued by the hospital
- Record issued by the Household Registration Department of the local Public Security Bureau
- Evidence of the circumstances of birth found in a personnel file held by a sub-district office (街道办事处) or the personnel department of a work unit
- DNA test results
The most common situations our law firm sees where it can be difficult or impossible to get a birth certificate are cases where a person was born in the 1950s or earlier, possibly at home, and where the birth was not registered with the Public Security Bureau.
USCIS Rules for When a Birth Certificate Is Unobtainable
In some cases, an NBC meeting the State Department’s guidelines may be unobtainable. That must be proven to the USCIS officer’s satisfaction. 8 C.F.R. § 103.2(b)(2).
USCIS asks for a “certification” from the China notary that the certificate is unobtainable. 7 USCIS-PM A.4(B)(1). Unfortunately, Chinese law does not require notaries to issue such certifications, so the notary may not issue one. In that case, the applicant must submit evidence of repeated good faith attempts to obtain the NBC. Id.
Further, if the refusal is because you lack a required document for the NBC application, such as evidence of the circumstances of birth from the hospital, public security bureau, sub-district office, or work unit, you need to show that you unsuccessfully attempted to get such evidence from any entity that could have it.
State Department Rules for When a Birth Certificate Is Unobtainable
In some cases, an NBC meeting the State Department’s guidelines may be unobtainable. That must be proven to the consular officer’s satisfaction. 9 FAM 504.4-4(F)(c).
The applicant must submit proof of the attempts to obtain the NBC. Id.
Further, if the refusal is because you lack a required document for the NBC application, such as evidence of the circumstances of birth from the hospital, public security bureau, sub-district office, or work unit, you need to show that you unsuccessfully attempted to get such evidence from any entity that could have it.
Secondary Evidence of the Circumstances of Birth
If the NBC is unobtainable, the applicant must provide secondary evidence of the circumstances of their birth. 8 C.F.R. § 103.2(b)(2) (USCIS rules); 22 C.F.R. § 42.65(d)(1) (State Dep’t rules).
This could include, for example:
- The household register (户口 hukou)
- Family planning certificate (计划生育服务证 jihua shengyu fuwu zheng) from the family planning bureau
- Old photographs
- School records
- Religious records (e.g., a baptismal record)
- Medical records
- If the applicant left China at a young age to a third country or region, that place’s immigration records may also be helpful (e.g., Hong Kong Certificate of Registered Particulars).
- Genealogical records compiled by overseas Chinese family associations
- Birth certificate issued by overseas embassy or consulate of the People’s Republic of China or, Certificate of Registration issued to overseas Chinese by an embassy or consulate of the previously, the Republic of China (pre-1949)
- USCIS files of family members to that reflect the claimed parental relationship
- A genealogist may be able to hunt down secondary evidence of birth. My China Roots, a leading genealogy research company specializing in helping Overseas Chinese trace their ancestry in China, can have their native researchers travel to the applicant’s hometown to search for family tree books (jiapu 家谱), ancestral graves, ancestral tablets, temples, and testimonies of relatives
.
Affidavits
Another form of evidence of the circumstances of your birth is affidavits from individuals with personal knowledge of the circumstances of your birth (e.g., your date and place of birth, your name, and your parents’ names).
According to USCIS rules, if persuasive secondary evidence cannot be obtained, the applicant must “submit two or more affidavits, sworn to or affirmed by persons who are not parties to the petition who have direct personal knowledge of the event and circumstances.” 8 C.F.R. § 103.2(b)(2). See 1 USCIS-PM E.6(B); 7 USCIS-PM A.4(B)(3).
The State Department takes a slightly different approach. Secondary evidence and affidavits are grouped together as “other evidence” that may be satisfactory if the NBC is unobtainable. 22 C.F.R. § 42.65. In other words, while USCIS will only consider affidavits if satisfactory secondary evidence is unobtainable, the State Department will consider all “other evidence” together.
Applying for the NBC on Your Own
To apply for an NBC on your own, contact a notary office where your household register is currently located or was canceled, or where your birth was originally registered with the local Public Security Bureau, or where you were born. Ask the notary office about the required documents and procedures that apply to you.
If you are outside China, you can have a third party, such as a friend or relative, apply on your behalf. The notary can tell you how to prepare a power of attorney (委托书) for that purpose.
Working with Chodorow Law Offices
To discuss how our firm can apply on your behalf for a China notarial birth certificate (NBC), please schedule a consultation with our firm. We can apply for an NBC for purposes of U.S. immigration or for purposes of use by other countries.
During the appointment, we will speak with you and review the relevant documents to learn your goals and the relevant facts. We will:
- Explain the general requirements and procedures for the NBC application;
- Estimate the odds of whether the NBC will be issued or will be denied, in which case you may need to submit to a foreign government evidence that the NBC is unobtainable and, perhaps, secondary evidence of the circumstances of birth;
- Answer your questions; and
- Quote you a research fee: After our firm learns the facts and reviews your documents during the initial consultation, the next step will be to research with the notary their local office’s requirements and procedures. Each office’s requirements and procedures differ. Depending on the facts of the case, we may also need to do research with other offices, such as a hospital, a sub-district office, or a work unit. At the end of the initial consultation, our firm should be able to quote you a fee for doing such research. If you hire us to do the research, then when we are done we will meet with you again (at no additional cost) to discuss the requirements and procedures for applying for the NBC and quote you a fee for the application.
The initial consultation is confidential. It can be in English or Mandarin (or an interpreter can be arranged for another language). Plan for it to take 60-90 minutes.
Who is Quoting This Article?
An earlier version of this article is cited by the Canadian government’s Immigration and Refugee Board.
This article is cited in an article titled China: Birth Certificates and Proof of Birth from the Danish National ID Centre, part of the Danish Ministry of Immigration and Integration.
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