Whether you are applying for naturalization or trying to sponsor a family member, you need to have a U.S. birth certificate as proof of citizenship. A birth certificate is just one type of documentation you need to provide, but it is also one of the most critical pieces of evidence to prove your citizenship. Without a U.S. birth certificate, proving that you are a U.S. citizen can be much more challenging. Here is everything you need to know about how to get a U.S. birth certificate and how to overcome challenges when proving your citizenship.
Why You Need a U.S. Birth Certificate as Proof of Citizenship
If you have been born in the United States, you should have already received a U.S. birth certificate that was issued by your state government at the time of your birth. This is sufficient proof of your U.S. citizenship; however, a birth certificate issued by a hospital cannot be used to prove citizenship.
There are other situations where you may be legally residing in the U.S., but you do not have a valid U.S. birth certificate as proof of citizenship. You may have become a citizen and have a naturalization certificate or you may have derived citizenship through your parents.
Here are some examples of situations where you will need a birth certificate as proof of citizenship:
- Applying for a U.S. passport: In order to be approved for a U.S. passport, you have to be able to prove that you are a United States citizen. Several types of documentation are usually required to do this, with a U.S. birth certificate being one of the primary forms of evidence.
- Sponsoring a family member: If you legally live in the U.S. and you have immigrant family members, you may want to act as their sponsor so they can get a green card. To qualify as a sponsor, you have to prove that you are a U.S. citizen with a birth certificate among other forms of documentation.
- Applying for naturalization: If you are applying for naturalization because you are married to a U.S. citizen, one of the pieces of evidence you need to include in your application is a U.S. birth certificate for your spouse.
No matter why you need to get a U.S. birth certificate, one of the first steps you need to take is to hire an immigration attorney. Not only do they have experience in complex immigration situations, they can help you obtain a valid birth certificate to prove citizenship. An attorney can also help you avoid common errors with your application that could result in delays if you are trying to get a passport or become a sponsor.
How to Get a U.S. Birth Certificate
If you were born in the United States, you can check with the Department of Health in the state where you were born to get a copy of your birth certificate. In situations where you derive citizenship through your parents, you can follow the same steps to get your parents’ birth certificates.
A valid birth certificate should be issued by a local government agency and include the following:
- Full name at birth
- Place of birth
- Date of birth
- Date of issuance
- Full name of both parents
- Date of registration of birth
If the local government agency where you were born does not have a record of your birth, they can issue you a certificate of non-availability, which you can use to prove that you are a citizen, but you do not have access to a U.S. birth certificate.
If you were not born in the United States but are a legal citizen, a certificate of citizenship or a certificate of naturalization will serve the same purpose as a birth certificate. If you have a U.S. passport but do not have access to a copy of your U.S. birth certificate, you may be able to use your passport instead.
If you do not have a U.S. birth certificate, it is also strongly recommended that you provide secondary birth documents to prove that you are a citizen, including:
- School leave certificates
- Hospital or religious records
- Matriculation certificate
- Certificate of recognized boards
- Postnatal care record
An immigration attorney can help you track down alternative documents to support your application when approving citizenship.
Common Challenges When Proving Citizenship
If you do not have a copy of your U.S. birth certificate or a copy is not available, there are many challenges you can face when proving citizenship. A common strategy people use is obtaining a copy of their birth certificate online, however this can come with its own challenges if it has errors or you do not receive it in time.
Some of the most common issues people run into when proving their citizenship is by not providing the right type of documentation. For instance, you may have a hospital issued birth certificate, which is not a valid proof of citizenship. However, many U.S. citizens are not aware of this and may automatically use it for an application for their passport or to sponsor a family member, which can result in delays or denial.
Even if you have access to a copy of your U.S. birth certificate, some of the details may not be accurate anymore. If you have changed your name, you will need a court order to have the name on your birth certificate amended so that it is a valid form of evidence to prove your citizenship. There are also rarer instances where the government agency that issued your birth certificate got some of the details wrong or made a spelling error, making it invalid.
Before providing proof of U.S. citizenship, you will need to understand what documents are viable and what type of information you need to provide. Getting the application information correct when you first apply can help you avoid unnecessary delays or requests for additional evidence.
Hire an Immigration Attorney Today
Do you need help getting a U.S. birth certificate to prove citizenship? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
