FAQs

Documents Needed for Permanent Residence

What documents do I need to immigrate?
In order to immigrate, the CIS or Department of State (DOS) must establish your identity, physical place of birth, parents’ identity, marital status and dependents. In order to do this, they must have a birth record which shows the place of birth, parents' names and date. If married, then the marriage record is needed and/or, if formerly married, proof of termination of that marriage. If there are children, then there must be birth records which recite the same information as well as showing the parents so they can establish the familial relationship.

What if I don't have a required document?
If a document has been lost or destroyed, a replacement must be obtained. If no record exists, either because the government records were destroyed by act of war, etc. or the country cannot be accessed to get a document due to political conditions, then an official letter from that government agency must be obtained which confirms the nonexistence of the document(s) (a “non-availability certificate”).

The CIS and DOS have official reference materials which recite what documents are available and how to obtain them. If these references reflect that such documents do exist, then the document must be obtained. You can find more information regarding what documents are available at the Department of States Visa Reciprocity and Country Documents Finder website.

Once I get proof my document does not exist, what do I use?
If the "primary" document does not exist, then secondary evidence can be used. The most common are other official documents such as school records, church and hospital records or affidavits from family or friends who can attest to the required elements. This secondary document cannot be used unless a non-availability certificate is obtained for the primary evidence.

Well, actually the document does exist but it is lot of work and will take a lot of time to get. Can I just use my passport or secondary evidence?
No, the passport is a document of identity but it does not meet the U.S. Government's requirements to prove the required elements. You must get the specific document such as birth certificate, etc.

If I want to use an affidavit, what is the format and what must it contain?
An affidavit is a sworn statement before an official, usually a notary, in which the person states certain things to be true. To use an affidavit in lieu of a birth certificate there are certain simple rules.

1. The person must have personal knowledge. This means the person must be a witness to the event. Thus, an aunt may not give an affidavit as to the birth of her nephew if she was not present at the birth.
2. The person, called an affiant, must identify him/herself and recite how he/she knows the facts to be true. For example, the aunt might say: "Name, am the aunt of John Smith. I was present at his birth and can state the following: He was born (location) on (date) and his parents are (names).
3. The affidavit can be handwritten or typed or formally prepared, it does not matter as long as it was made under oath and witnessed by a government official like a notary.
4. The document needs to be translated if in a foreign language.

How do we handle translations?
The CIS does not have any formal requirements for translations. The only rule is that the person must be competent to do so and translate the document truthfully. A simple statement at the end is enough: "I, (name) hereby certify I am competent in the (language) and English and have translated the attached document to the best of my ability". The individual also needs to provide his/her legal name, address, and signature.

As to who is used, translation services in the U.S. or home country are fine, friends or others such as scholars, are also fine. It is not a good idea to translate your own document or to have a family member do the translation.

Do I need originals?
Yes. We will only provide a copy with the filing but the original must be available for inspection if CIS requests it. The DOS does require the original and a copy so they can inspect it and then give it back at the end of the interview. Additionally, if you are scheduled for an interview with CIS you need to have your original documents to verify that the copies submitted were accurate when you attend your interview.

What about medical examinations?
The medical examination is required of all people immigrating. Its purpose is to identify anyone who has special medical requirements as well as to identify anyone with a dangerous health problem such as HIV. The medical exam results cannot be more than one year old. However, for those doing adjustment of status, the rule is the medical cannot be more than one year old at the time of filing. At DOS, the medical is done the day before the visa interview.

You will be required to see a doctor on an approved “designated civil surgeons” list to complete the exam. The exam may or may not be covered by your insurance.

Part of the medical process now is the verification of vaccinations most people get as children. If the person has proof of these vaccinations, it is helpful to the Immigration doctor. Since many of these vaccinations are no longer appropriate due to age, this is not that big a deal. If the person has no records of prior vaccinations, the physician will review the chart to see what is needed and give them to the individual and document that the others are waived. If a woman is pregnant, the medical can be completed and the vaccinations given later.

What about fingerprints and photographs?
Photos are required for all applicants regardless of age and fingerprints for anyone who is fourteen years of age at the time of filing. Since other applications require photos, it is a good idea to get 8-10 of them. Photos must be a certain size and the portrait a certain way. We provide this information in detail to our clients when processing their cases. Fingerprints are controlled by the CIS. In the past, the person got their fingerprints taken and submitted them with the applications. Now the CIS schedules them directly and the CIS takes the prints in-house at an Application Support Center (ACS). When doing consular processing, fingerprints are not scheduled at an ASC. There is no control over CIS and when they schedule the fingerprints.

Please click on the following link to review specifications on CIS photos.
http://www.uscis.gov/files/article/04_08_02Photo_flyer.pdf

What about the Affidavit of Support?
Each person immigrating must show they will not need public assistance (welfare) and will be able to financially support themselves if given a green card. The rules are different for those immigrating through family relatives than for those who immigrate through employment.

For those immigrating through employment, the process is very simple for adjustment. No affidavit is required. A simple letter from the company confirming the job offer and salary is enough in adjustment proceedings. For those doing consular processing, some consuls want an I-134 affidavit for family members in addition to an employment letter for the principal, but not all. This is very easy to prepare and can be supported by the job letter.

For those immigrating through family, an I-864 affidavit is required. This is very complicated and the rules are too complex to handle here.

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