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I filed an I-130 application for my sister in 2003-2004, and at the beginning of the year I received an email from NVC advising us to begin the process: Submitting online application, collect financial documents, support affidavit etc...
Looking at the process and the information to be submitted, it almost feel like a brand new application, where all the information is to be submitted all over again. While I am gathering the information, I came across some articles online about birth certificates.
As far as my understanding, the best way to prove brother sister relationship is to have my birth certificate, my sister's birth certificate and on both certificates showing the names of matching father and mother.
A bit of a background here. I was born in Shanghai, China in the 60s. My parents moved to Hong Kong when I was 4 years old. My sister was born in Hong Kong two years after that and she has an original Hong Kong birth certificate. However I do not have an original birth certificate. Never had one. When I entered Hong Kong at the age of 4 my parents showed their documents and declared me as a son and I was issued an ID. That ID became the basis of all my other documents such as student ID, passport etc...
In the 1980s I came to the USA for college with a F1 visa, and after that I obtained employment via a labor certification & H1 visa. After that I received a green card, and eventually USA citizenship. When I applied for the green card the issue of birth certificate came up, and I was advised to obtain one from Shanghai, not any certified or notarized documents from Hong Kong.
I inquired through my relatives in Shanghai and was told that the government agency that can provide an official notarized birth certificate is the City of Shanghai's notary office, and I was told at the time to initiate an inquiry and submit any document I have to prove my name, location and date of birth. So I mailed in the following:
(1) my Hong Kong adult identity card issued by the Hong Kong government (still a British colony then in 1980s)
(2) a Hong Kong Court of Justice statuary declaration filed by my father after we entered Hong Kong in the 1960s declaring my name, my relationship to him and my date of birth.
(3) my father's Hong Kong adult identity card.
(4) my father's travel document issued by the People's Republic of China granting permission to enter Hong Kong in 1960s.
(5) my mother's travel document issued by the People's Republic of China granting permission to enter Hong Kong in 1960s. On this document it has a remark saying she is accompanied by her son, along with my name, my age and my picture.
Upon submitting these documents the City of Shanghai came back and denied the request stating all these documents do not provide concrete evidence of my birth location and date, only my relationship with my dad and mom. I was told to submit additional information to establish that my father and mother are a married couple, and more information on my birth. I searched and submitted addition information:
(1) My parents' marriage certificate.
(2) My sister's birth certificate from Hong Kong that show's name of father and mother.
In terms of my birth, the hospital I was born in has been renamed in 1970s and subsequently decommissioned. There is no records available. So we obtained three letters of testimonial from relatives who were in Shanghai at the time with knowledge of my birth.
After all that, we received from the City of Shanghai an official Notarized birth certificate stating my name, sex, my date of birth, the name of my father and mother, and that I was born in Shanghai.
When I applied for the green card I used this document as a birth certificate in the 1990s and it was accepted.
My question is, will such a document be considered a legit birth certificate of me to prove brother sister relationship? To recap - my sister has a legit HK birth certificate showing names of parents. I have this City of Shanghai notarized birth certificate showing names of parents. Will INS reject my birth certificate?
Looking at the process and the information to be submitted, it almost feel like a brand new application, where all the information is to be submitted all over again. While I am gathering the information, I came across some articles online about birth certificates.
As far as my understanding, the best way to prove brother sister relationship is to have my birth certificate, my sister's birth certificate and on both certificates showing the names of matching father and mother.
A bit of a background here. I was born in Shanghai, China in the 60s. My parents moved to Hong Kong when I was 4 years old. My sister was born in Hong Kong two years after that and she has an original Hong Kong birth certificate. However I do not have an original birth certificate. Never had one. When I entered Hong Kong at the age of 4 my parents showed their documents and declared me as a son and I was issued an ID. That ID became the basis of all my other documents such as student ID, passport etc...
In the 1980s I came to the USA for college with a F1 visa, and after that I obtained employment via a labor certification & H1 visa. After that I received a green card, and eventually USA citizenship. When I applied for the green card the issue of birth certificate came up, and I was advised to obtain one from Shanghai, not any certified or notarized documents from Hong Kong.
I inquired through my relatives in Shanghai and was told that the government agency that can provide an official notarized birth certificate is the City of Shanghai's notary office, and I was told at the time to initiate an inquiry and submit any document I have to prove my name, location and date of birth. So I mailed in the following:
(1) my Hong Kong adult identity card issued by the Hong Kong government (still a British colony then in 1980s)
(2) a Hong Kong Court of Justice statuary declaration filed by my father after we entered Hong Kong in the 1960s declaring my name, my relationship to him and my date of birth.
(3) my father's Hong Kong adult identity card.
(4) my father's travel document issued by the People's Republic of China granting permission to enter Hong Kong in 1960s.
(5) my mother's travel document issued by the People's Republic of China granting permission to enter Hong Kong in 1960s. On this document it has a remark saying she is accompanied by her son, along with my name, my age and my picture.
Upon submitting these documents the City of Shanghai came back and denied the request stating all these documents do not provide concrete evidence of my birth location and date, only my relationship with my dad and mom. I was told to submit additional information to establish that my father and mother are a married couple, and more information on my birth. I searched and submitted addition information:
(1) My parents' marriage certificate.
(2) My sister's birth certificate from Hong Kong that show's name of father and mother.
In terms of my birth, the hospital I was born in has been renamed in 1970s and subsequently decommissioned. There is no records available. So we obtained three letters of testimonial from relatives who were in Shanghai at the time with knowledge of my birth.
After all that, we received from the City of Shanghai an official Notarized birth certificate stating my name, sex, my date of birth, the name of my father and mother, and that I was born in Shanghai.
When I applied for the green card I used this document as a birth certificate in the 1990s and it was accepted.
My question is, will such a document be considered a legit birth certificate of me to prove brother sister relationship? To recap - my sister has a legit HK birth certificate showing names of parents. I have this City of Shanghai notarized birth certificate showing names of parents. Will INS reject my birth certificate?
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