When filing immigration applications, you may need to submit civil records that prove your marriage status, family relationships, nationality, name changes, or any past interactions with law enforcement. Because USCIS conducts background checks, it’s important to be accurate and transparent when gathering the records relevant to your case.
This article explains how to locate these documents through public records and other searches, and what to do if certain criminal or civil records are unavailable. In those situations, we’ll also cover acceptable alternatives, including obtaining a certificate of non-existence.
What You'll Learn
- Civil records prove your birth, marriage, divorce, and family relationships.
- Vital records prove relationships; court records document any past arrest.
- Find your documents through county clerks, state offices, or foreign registrars.
- Four steps to follow when your civil record does not exist.
- Baptismal, school, and census records can replace a missing certificate.
- USCIS accepts photocopies, and you do not need an apostille.
Unsure which civil records you need? CitizenPath’s online immigration services make it easy to prepare your form and gather the right supporting documents. You’ll receive personalized filing instructions — based on your answers — so you know exactly which records to include, such as birth, marriage, divorce, and death certificates.
Civil Records Are Official Documents of Births, Marriages, and Deaths
Civil records are official documents of life events created or filed by a government agency. In the United States and many other countries, civil records are public records available to anyone who requests them, with some limits that protect confidentiality.
Vital Records and Court Records Are the Two Types USCIS Requests
Many countries outside the United States may use a family register, household register or family album. They are all different names for a civil registry used to track information of a genealogical or family-centric legal interest. Of course, each country may have unique names for these family registers. Names include hojeok in South Korea, koseki in Japan, familienbuch in Germany, hukou in China, and (formerly) propiska in the Soviet Union.
Vital Records (Birth, Death, Marriage and Divorce Records)
Vital records generally include documents like birth and marriage records. These records are commonly required as supporting documents to evidence relationships, marriage status and nationality. Examples of documents that the U.S. government may request include:
- Birth certificate
- Marriage certificate
- Divorce decree
- Certificate of annulment
- Death certificate
Criminal and Court Records
Again, many immigration applications and petitions require you to disclose and document past interactions with law enforcement, both in the United States and abroad. Examples of documents that the U.S. government may request include:
- Arrest report
- Official statement from arresting agency
- Court order with the disposition
- Probation or parole record
When applying for an immigrant visa abroad, the National Visa Center requires certified court and prison records for every conviction. Even if you received a pardon or amnesty, you must provide records showing the full circumstances of the offense and the final outcome. (Note: Police records differ from a police clearance certificate.)
Applicants inside the United States must give USCIS police and court records for any arrest or charge, including those from youth or later expunged. Records for minor traffic violations are usually unnecessary unless alcohol, drugs, injury, or property damage was involved.
You may also need to submit a written statement explaining the events surrounding the arrest or conviction. Whenever applying after an arrest or conviction, it’s wise to seek the advice of an immigration attorney to help develop the best strategy and assist with your statement.
Where to Find Civil Records in the U.S. and Abroad
| Records From Inside the U.S. | Records From Outside the U.S. | |
|---|---|---|
| Birth, death, marriage, and divorce records | The county clerk's office where the event took place. State health departments often hold older records. | National or regional vital records offices, local municipal or parish authorities, hospital or church archives, or military and consulate archives. |
| Court and criminal records | The court where your case was heard, or courthouse and police records databases. Records are generally public once the court closes the case. | The National Visa Center requires certified court and prison records for every conviction, including convictions later pardoned or covered by amnesty. |
| Where to start your search | The USA.gov local government directory, and the CDC's directory of vital records offices by state and territory. | The U.S. Department of State's Visa Reciprocity and Civil Documents by Country tool. |
| Typical cost | Often no fee to view public records through the agency that manages them, though agencies usually charge for copies. | Varies by country. Each country sets its own process, fees, and procedures. |
| Translation | Not required for documents already in English. | Any foreign-language document filed with USCIS or the NVC needs a certified English translation. |
| If the record does not exist | Request written confirmation from the agency, then submit secondary evidence. | Check the Department of State country page first. If the record is not already listed as unavailable, request a certificate of non-availability, then submit secondary evidence. |
Search for Civil Records in the United States
In the United States, the happenings of a courthouse are a matter of public record. Once a court closes the case, you may generally access these records. You may typically obtain criminal records through courthouse and police records databases. Additionally, the local county clerk's office where the event took place typically manages birth, death, marriage and divorce records.
If you’re trying to access records for an event inside the United States, you can typically access your court records directly from the court where your case was heard, and you can access civil documents from the county clerk or other local government. Start your search here.
States will also often have a department of health that can provide access to older civil records. It isn’t always necessary to visit the physical offices. Many states are establishing online databases for ease of access. To find the vital records offices in your U.S. state or territory, the Centers for Disease Control and Prevention hosts a directory.
In many cases, there is no fee to access public records when accessing them through the government agency that manages them. However, these agencies often charge a fee to make copies or provide other services.
Search for Civil Records Abroad
If you are seeking civil records for events that occurred abroad, you’ll need to search inside that country. Each country has different processes and procedures for obtaining civil records information. Not sure where to start? The U.S. Department of State hosts a helpful tool to begin your search.
Not all countries maintain the information required for immigration purposes. In some, the records may not be available. It may be necessary to document why the records are not available and also provide alternative evidence.
Remember, you’ll need a translation of your documents when submitting them to USCIS or NVC. If you have included any foreign language documents with your application or petition, you must also submit certified translations into English.
Requesting a Certificate of Non-Existence
Not all countries issue a formal “certificate of non-availability.” Some registrars provide a simple letter or email confirming that no record exists after a search. Others may only give a verbal confirmation, in which case you should document the attempt and provide secondary evidence.
In certain countries, such as India, private agencies may offer to retrieve government documents. Some are legitimate record runners, but USCIS will only accept a non-availability statement issued by a government authority, not by a private company. If you use an agent, make sure you receive an official document or stamped response from the appropriate registrar’s office.
Secondary Evidence That Can Replace a Missing Record
You must provide a typed or printed explanation of the reasons a required document is unavailable and submit secondary evidence to establish eligibility. Secondary evidence must overcome the unavailability of the required documents. USCIS may request an original typed or printed statement from the appropriate government or other legal authority to support your claim that the documents are unavailable. The following types of alternative evidence may be submitted:
| Evidence Type | What It Helps Establish | Records USCIS Generally Accepts | When It Carries the Most Weight |
|---|---|---|---|
| Baptismal records | Birth details when a government-issued birth record is missing | Original or certified church baptism certificates; records showing birth date, parents' names, and date and place of baptism; copies from parish archives when originals are unavailable | When the record was created close in time to the birth |
| School records | Identity, age, and parentage | Enrollment forms and registration cards; immunization or medical records kept by the school; transcripts or report cards showing date of birth; records listing parents or guardians | Records from the earliest grades, created closest to the relevant events |
| Census records | Residence, family relationships, and sometimes a parent's citizenship history | Local, regional, or national census listings; household rosters showing parents and children together; registers noting a parent's nationality or citizenship | When the listing shows family composition during your childhood years |
| Religious records | Identity, age, and family relationships | Christening, naming, or dedication certificates; church or temple membership records; religious school enrollment or sacramental records; documents listing parents or sponsors | For birth, records created near the time of birth or in early childhood |
| Affidavits | Facts of a birth or parentage, described by someone with firsthand knowledge | A written statement giving the affiant's full name, address, and date of birth; their relationship to you; details of the event they witnessed; how they know the facts are true; signature and notarization (recommended) | When combined with other secondary evidence rather than submitted alone |
Baptismal Records
Baptismal certificates can help establish birth details when government-issued records are missing. USCIS generally accepts:
- Original or certified church baptism certificates
- Records showing birth date, parents’ names, and date and place of baptism
- Copies from parish archives if original documents are unavailable
These records are strongest when they were created close in time to the birth.
School Records
Early school documents can support identity, age, and parentage when an official document is unavailable. Useful records include:
- Enrollment forms and registration cards
- Immunization or medical records maintained by the school
- Transcripts or report cards showing date of birth
- School records listing parents or guardians
Records from the earliest grades carry more weight because they were created closer to the relevant events.
Census Records
Census records may help establish residence, family relationships, and sometimes a parent’s citizenship history. Evidence may include:
- Local, regional, or national census listings
- Household rosters showing parents and children together
- Registers that note a parent’s nationality or citizenship
These records are especially helpful when they show family composition during your childhood years.
Religious Records
Religious records can help establish identity, age, and family relationships when civil documents are missing or incomplete. Helpful records may include:
- Baptismal, christening, naming, or dedication certificates
- Church or temple membership records
- Religious school enrollment or sacramental records
- Documents listing parents, sponsors, or family members
For birth, records created near the time of birth or early childhood are generally given more weight than those issued later.
Affidavits
Affidavits are written statements from people with firsthand knowledge of your birth or parentage. Strong affidavits include:
- Full name, address, and date of birth of the affiant
- Relationship to the applicant
- Details about the event they witnessed
- Explanation of how they know the facts are true
- Signature and notarization (recommended)
Affidavits work best when combined with other secondary evidence rather than used alone.
Alternative Strategies to Locate Civil Records
If this is a document that you previously had but is now lost or destroyed, consider if you may have used it in the past. Did you use the document with an employer, school, lawyer’s office, or government agency? Check with that organization or business to see if you can get a copy.
If you previously used the document for immigration benefits, you may be able to obtain a copy through a Freedom of Information Act Request. Although this can sometimes take several months, you can access almost anything that has ever been in your immigration file. Learn how to do a USCIS FOIA request.
USCIS Accepts Photocopies and Does Not Require an Apostille
Generally, you only need the photocopy of an original document or photocopy of a certified copy of the original. U.S. immigration does not require apostille. Unless specifically requested for a type of document, you typically do not need to acquire notarization.
In most cases you may submit photocopies of civil records and other documents when filing USCIS and other immigration forms. Refer to the official government instructions or your personalized CitizenPath filing instructions. We will also indicate when you must submit an original document. CitizenPath’s online immigration service can make the entire process affordable and simple.
Regardless, we recommend that you take the original document or certified copy to your interview. You may not need it. But if you don’t have an original or certified copy when the officer requests it, your case may take several more weeks to adjudicate.
Frequently Asked Questions About Civil Records
Use the Right Civil Documents for your Case
CitizenPath's online immigration services make it simple to prepare your forms and gather the correct supporting documents. You'll receive a ready-to-sign application or petition, but you also get a checklist of supporting documents for your specific situation. You'll know exactly which supporting documents — birth certificates, marriage certificates, divorce decrees, death certificates, and others — to include.
CitizenPath provides simple, affordable, step-by-step guidance through USCIS immigration applications. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays. We allow users to try the service for free and provides a 100% money-back guarantee that USCIS will approve the application or petition. We provide support for the Adjustment of Status Package (Form I-485), Immigrant Visa Petition Package (Form I-130), and several other immigration services.
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