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
An application for an NBC is filed with a notary office with jurisdiction over the Public Security Bureau where your household registration (户口 hukou) is currently located or was canceled, or where you were born. The application must be filed in person. If you are unable to apply in person because you are outside China, a third party with a power of attorney (委托书 weituoshu) can apply on your behalf. The notary may require that the power of attorney be apostilled.
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):
Prior to standardization of medical certificates of birth in 1996, birth registration was decentralized and there was no national standard format for birth certificates.
A Type 2 NBC is typically applied for by showing evidence of the circumstances of birth other than the standard medical certificate of birth (出生医学证明 chusheng yixue zhengming). Such evidence may include, for example:
- birth certificate (出生证明书) with delivery record (病案首页), 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; or
- letter issued by the office that has control over your personnel file (人事档案), which may be:
- your work unit (for state-owned enterprises)
- university (for students)
- neighborhood committee (if not employed)
- the Administration for Industry and Commerce (if employed by a foreign company)
- talent market (人才市场) (if employed by a domestic private company)
- sub-district office (街道办事处)
Unlike the Type 1 certificate, Type 2 does not include a photocopy of the evidence the notary has reviewed. 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 implicitly allow for submission of either a Type 1 or a Type 2 NBC:
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.
In Some Cases, Getting an NBC Can Be Difficult
There are some cases where it can be a challenge–or even impossible–to gather evidence of the circumstances of birth that is sufficient to convince a notary to issue a Type 2 NBC.
As mentioned above, such evidence is most commonly:
- Birth certificate (出生证明书) or medical certificate of birth (出生医学证明) issued by the hospital. This may be unavailable for a child born at home.
- Record issued by the Household Registration Department of the local Public Security Bureau (PSB). This may be unavailable for a child whose birth was not registered with the PSB. For example, for a child born in the 1950s or earlier, registration may not have been required. And for a birth that violated family planning laws, registration may not have been done.
- Evidence of the circumstances of birth found in the applicant or their parent’s personnel file (人事档案) held by the personnel department of a work unit, a school, or a sub-district office (街道办事处). Old personnel files may be unavailable because they have been lost or destroyed (e.g., by floods). And there may be no personnel file for a person who left China before the 1970s, or for a child who left China at any time before completing middle school.
USCIS Rules for When an NBC 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, or a personnel file, 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, or a personnel file, 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 an NBC on Your Own
If you want to apply for an NBC on your own, see background information in Getting China Notarial Certificates for Your U.S. Immigration Case – Chodorow Law Offices (lawandborder.com).
Evidence to submit to the notary includes:
- Evidence of the circumstances of your birth, as discussed above
- Evidence of your identity
- Evidence of your parents’ identity, or, if they have passed away, their death certificates
- Two 2-inch photos with a white background and with no head covering. See Photo Requirements
- Parents’ marriage certificate
Working with Chodorow Law Offices
To schedule a consultation about how our firm can apply on your behalf for a China notarial birth certificate (NBC) for purposes of U.S. immigration or for other purposes, please take the following steps:
- Step 1: Schedule a consultation by filling this online form.
- Step 2: Pay the Consultation fee. The fee is USD 300 (RMB 2100). You can find payment instructions here.
- Step 3: Provide available documents from this list.
Our firm will then contact you to schedule a mutually agreeable time for the consultation.
During the appointment, we will speak with you and review the relevant documents to learn your goals and the relevant facts. 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. We will:
- Explain the requirements and procedures for the NBC application.
- Estimate the odds of whether the NBC will be issued or will be denied. If it is denied, and you are applying for U.S. immigration benefits, you may need to submit evidence proving the NBC is unobtainable and secondary evidence of the circumstances of birth.
- Answer your questions.
- Follow-up research and quote: 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:
- Type 1 NBC (based on submitting to the notary a China medical certificate of birth issued 1996 or later): There is no additional fee for this research. After doing this research, our firm should then be able to explain to you our proposed strategy to apply for the Type 1 NBC and quote you a fee for the case.
- Type 2 NBC (based on submitting to the notary evidence of the circumstances of your birth other than a China medical certificate of birth issued 1996 or later): Besides research with the notary, depending on the facts of the case, we may also need to do research with other offices, such as the hospital where you were born, the public security bureau, or offices holding personnel files for you and your parents. 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 our proposed strategy to apply for the Type 2 NBC and quote you a fee for the case.
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.
Further Reading
China Joins Hague Apostille Convention
Getting China Notarial Certificates for Your U.S. Immigration Case
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