Immigration processes are stringent. The requirements, including documents, must be strictly met. The procedures must be followed well for your application or petition to be granted. The Immigration department is very clear about what you must do for every application to be granted. If you fail to submit the required information or supporting documents, your application may be denied, which could further delay the process or jeopardize your chances of success.
Thus, realizing that you lack a document or certificate required for a particular application can be devastating. However, you can find a solution with the help of a skilled attorney. Your attorney can help you create an affidavit or sworn statement, providing the information in the missing document or certificate.
Immigration Authorities Can Accept Substitute Documents
The Immigration Department takes applications very seriously to ensure that only eligible applicants are issued visas to live, work, or visit the United States. Unfortunately, some applicants provide misleading information, necessitating thorough screening by immigration authorities. Every application the department receives is thoroughly screened to ensure that the information therein is accurate. If you falsify or exaggerate information, this will be a sufficient ground for the U.S. Immigration Department to deny your application.
To avoid a denied application, applicants do their best to gather documents and provide accurate information in their applications. They provide supporting documents to verify the information provided, making the work of immigration officers easier when determining eligibility. However, this may be a challenge if a document or certificate needed for your application is missing. In this case, you will not have sufficient supporting documents to obtain a favorable response to your application. Fortunately, the Immigration Department accepts substitute documents in specific circumstances. You can take advantage of this to present a complete application and increase your chances of a favorable response.
Thus, if you need a specific document or certificate for your immigration application and you cannot come up with it, even after visiting the government offices that issue those documents, a substitute can suffice. The Immigration Department wants you to do your best to provide all the documents needed for your application. However, if you cannot find one or a few documents, and you are running out of time, the department can accept some type of substitute. However, the substitute you provide must satisfy the requirements, provide the information missing from the document or certificate, and address any doubts that immigration officials may have.
You must follow a specific guideline for the immigration officials to accept the substitute. For example, there should be a statement explaining why you do not have the original certificate or document. The best explanation would be that you could not get it from someone in authority. This means you must have tried to obtain the original document without success. Providing a substitute without a clear explanation can result in the denial of your application.
For example, if your original birth certificate was lost or destroyed in a tragedy, USCIS can accept a sworn statement by people who knew you well enough to prove your full name, date of birth, and the identity of your parents. School records may also provide the same information. A substitute may be accompanied by a letter from the local authorities ascertaining that, indeed, a tragedy happened, and you lost some personal property, including valuable documents.
Before providing a substitute in your application, read the instructions provided by the USCIS in the application form. If other types of evidence are acceptable in the application, you may provide a substitute document or an affidavit. Working with a skilled immigration attorney makes this process easy to navigate, as they can quickly guide you and help you obtain the documents needed before the application deadline elapses.
Examples of Substitute Documents and Situations Where They Can Apply
The type of substitute you use in your application will depend on the kind of document or certificate you are missing. Here are common substitutes and scenarios:
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If you are missing a birth certificate due to a disaster or fire, you can use an affidavit or a statutory declaration
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If your passport is lost or stolen, you can provide a sworn statement that includes details of the loss or theft, as well as critical information from the passport, such as your name, date of birth, and the names of your parents.
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If some of your crucial documents were lost or destroyed in an event, like a fire, a letter from a government agency can support the application, and the substitute you provide
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A temporary stamp or a visa can act as proof of your status in case you lose a permanent green card.
How To Create an Affidavit or Sworn Statement for Your Immigration Application
One way to create a substitute document for your immigration application is by using a sworn declaration. This is easy to make because all you need is a statement from someone who knows you very well to provide the information you need for your application. The person can be a longtime friend or a close family member. The person will make a statement, affirming the date and place of your birth, your names, and the names of your parents.
When creating a declaration, emphasize the need to provide accurate and complete details, rather than using complex or technical legal language. The declaration should be as natural as possible to serve its purpose effectively. Remember that it is essential to convince the immigration officials that the declaration is as credible as the missing original document or certificate. In that case, the focus should be on the words the person uses and the accuracy of the information provided.
Additionally, the person writing the declaration can add more details to make the declaration more credible. For example, instead of swearing that they know your full names as this and your date of birth as that, they can provide more context to sound more credible. If the person is your older brother, uncle, or aunt, please give some background information on the day and date you were born, how you were named, and where your family lived at the time.
A full declaration is preferred in this case, which is more detailed and comprehensive. The person making the declaration can divulge more details to convince the immigration officials that they know you too well. A declaration with more information will likely be accepted better than a sketchy one. Remember that in the absence of an original document, you must work harder at convincing the immigration Department to accept your application. In this case, a more detailed declaration will serve our interests better.
Additionally, the person making the declaration must introduce themselves. They must provide their full names, address, and country of citizenship. This information should be provided first, before they outline the requirements for your immigration application. At the bottom of the declaration, the person should add a swearing statement, under the penalty of perjury, that the information they have provided is correct and accurate to the best of their knowledge. Then, they must sign and indicate the date on which the statement was made. If necessary, immigration officials will contact the person for further information.
Creating a sworn statement is not always as easy as it seems. You must ensure that it will satisfy the immigration officials for your application to be accepted. In this case, you can engage a skilled immigration attorney for advice and assistance. They can provide helpful tips that would help you make a statement the immigration office will find satisfactory. They will also discuss the dos and don’ts to increase your chances of success with the USCIS.
The Need to Notarize Sworn Statements
A sworn declaration does not need to be notarized. The person making the statement only needs to provide their identifying information and sign the statement at the end. This is what makes sworn statements different from affidavits. An affidavit is typically a written statement that a person writes, signs, and states in the presence of someone who has the legal authority to certify or attest to the authenticity of the signature.
Thus, when making a sworn statement for your immigration application, you do not need to have it notarized. If the statement provides the information the immigration department needs, and is done acceptably, it will be accepted in place of a missing original document to support your application.
However, feel free to bring the declaration to a notary if you would like to enhance its authenticity. Although this is not necessary, this may work in your favor. A notary will verify the information provided in the declaration to ensure that it is accurate. For example, it can request the author's identification, such as a driver’s license or passport, to verify that they are the person who wrote and signed the declaration. The notary may also require the person to write and sign the declaration in their presence, after which they will note it in their notary book. The notary will then stamp or seal the document to verify its authenticity.
An affidavit is never required for substitute documents for immigration applications. However, notarizing a sworn statement makes it more official and more acceptable to the Immigration Department. Thus, if the person making a sworn statement for your application has access to a notary, you can consider this extra step to increase your chances of success with the USCIS.
The Dos and Don'ts When Using Substitute Documents in Immigration Applications
Remember that immigration applications are very sensitive. A simple mistake or omission can cause significant delays or result in a denied application. In that case, you must ensure everything is accurate to improve your chances of success. More care is needed when using substitute documents in your applications. Here are some of the things you should keep in mind to ensure your application is a success:
The Dos
When using a substitute document in an immigration application, ensure that the required document is not missing. You cannot use a substitute document for a document or certificate that is available. There must be proof that the original document is nonexistent, or you cannot obtain it from the relevant authority. A statement from a government agency, accompanied by an official government letterhead, can verify your claim and provide evidence to support the statement.
If an original document is missing, and you have a document to verify the claims, you can provide it. Remember that the immigration office only requires verifiable documents to support the information needed to process your application. Once you prove that the original document is unavailable, you can provide secondary evidence. For example, school records, census records, hospital records, or baptismal certificates can be used to support the statement.
In the absence of a primary and secondary document or certificate, provide an affidavit or notarized sworn statement from someone who knows you very well. The people you choose to make sworn statements for your application must not be parties to the application. They must also have personal knowledge regarding the application and the details needed to process your request.
Ensure that all the required information is included in the affidavit or sworn statement. Do this, even if a secondary document supports the statement. The statement must contain personal information from the person making it, the required information in your immigration application, and a statement on how the person acquired the information they provide about you.
If the statement is made in a foreign language, provide certified translations for the immigration officials. A certified translator must perform the translation, and a certification from the translator should be provided to demonstrate that the translation is accurate and reliable.
If you have legible copies of the unavailable document, include them in the application alongside the sworn statement or affidavit. If you are asked to provide supporting documents, only submit original copies if the USCIS has specifically requested them. Copies of documents, such as medical examination reports or affidavits, can strengthen the application, even in the absence of originals. However, the copies must be legible.
The Don’ts
Some mistakes can delay or result in the denial of your immigration application. A skilled immigration attorney will ensure you avoid them. Examples of errors you should avoid when using substitute documents in your immigration application include the following:
The Use of Fraudulent or Fake Documents
When you realize that a document or certificate you need for your application is missing, do not be tempted to use a fraudulent or falsified one. The U.S. Immigration Department does not take it lightly when you submit a misleading, altered, or fake document. This will result in the immediate denial of your application and may lead to inadmissibility and legal penalties. Generally, there are serious long-term consequences for such a violation, whereby you can be deported or permanently banned from the U.S.
Using Highlighters or Correction Fluid
The USCIS uses specific scanners that cannot effectively use corrected or highlighted information. If you make a mistake when filling out your application, use a clean document instead of trying to fix the error on the original document. Do your best to provide clean documents to increase your chances of a favorable response to your application.
Stapling or Binding Your Documents
The use of folders, binders, and heavy-duty staples makes it difficult for the immigration officials to assemble them for scanning. You are only allowed to use a fastener on several documents, or a paper clip for single documents.
Providing Inconsistent Details
Remember that a USCIS application requires the use of various forms and documents to verify the necessary information for a successful application. You must ensure that all the documents you provide, including substitute documents, have the same information for consistency. The names, addresses, and states in all your documents should be consistent. Any discrepancy, even in the format, will prompt a request for additional evidence, which can delay your application.
Providing Only a Personal Statement
In the absence of a primary document or certificate, a personal statement alone is insufficient to support your application. Immigration officials need solid evidence to support the statement and verify the information you provide. Remember that the immigration can easily reject a shallow application with insufficient documents. Provide more documents to strengthen your application and increase your chances of success.
Find an Experienced Immigration Attorney Near Me
The U.S Immigration Department is very particular about how various applicants must file visa applications. Generally, documents required for the application must be provided in the specified format to avoid denial or minimize delays in processing your application. If a primary document is needed, you can use a substitute. However, the substitute must meet a set of criteria for the department to accept and process your application.
These requirements can be challenging to fulfil without legal help. That is why we offer our guidance, advice, and support for applicants in California at California Immigration Attorney. We are a team of skilled and experienced immigration attorneys who thoroughly understand the immigration processes and can help you fulfill all the requirements. We will ensure that you get it right when using substitutes to improve your chances of a successful application. Call us at 424-789-8809 to learn more about our services.