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
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.
Types of Civil Records for Immigration
Civil records are documentation of life events created by an official government agency or officer. They may also include records that are filed with a government agency or office. In the United States and some other countries, civil records are typically public records. That’s because most public records are available to anyone that requests them. There are some limitations to protect confidentiality.
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.
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 many 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 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.
Step-by-Step: What to Do When Civil Records are Unavailable
When your civil record is not available or does not exist, you must prove its unavailability or nonexistence and provide alternative evidence of the event (such as a birth, marriage, etc.). Follow these steps:
Check for Availability of the Document
First, check with the Department of State to see if documents are known to be unavailable or nonexistent in your country of birth. Click the button below to start your search.
If this web page shows that birth certificates from your country of birth are generally unavailable or nonexistent, you do not need to do anything to prove that your civil document is unavailable. Skip to Step 4.
Request the Document From the Official Source
If the U.S. Department of State doesn't already consider the record to be unavailable, you'll need to search with your country's registries. Contact the government office or registrar responsible for issuing the original document. Examples include:
- National or regional vital records offices
- Local municipal or parish authorities
- Hospital or church archives
- Military or consulate archives
Obtain written confirmation of the result, either the document itself or proof that it cannot be located.
Get a Certificate of Non-Existence (If Possible)
If the issuing authority cannot locate the record, ask for: A written statement or official letter confirming the document does not exist or cannot be found. This is often called a “certificate of non-availability” or “certificate of non-existence.”
The letter must include:
- An original written statement from a civil authority on official government letterhead;
- Establish the nonexistence or unavailability of the document;
- Indicate the reason the record does not exist; and
- Indicate whether similar records for the time and place are available.
You must submit the original Certificate of Non-Availability along with secondary evidence. Continue to Step 4.
Provide Alternative Evidence
When your civil record is not available or does not exist, you must submit other evidence that corroborates the facts you are stating on your immigration form. Alternative evidence may include affidavits or any other proof relating to the facts of the event.
- An original affidavit is a written explanation from a third party that describes the facts of the event. It may be written by a friend or family member who is close to you and generally was there to witness the event (birth, marriage, etc.). The general rule is to submit at least two affidavits. Reference a sample affidavit of birth.
- Any other document may be used if it evidences the event in some way. For a birth, religious or school records, hospital or medical records, or similar evidence may be appropriate. Some examples include but are not limited to a baptismal certificate, school registration with birth date, and census records.
If submitting only affidavits of birth (and no other alternative evidence), submit at least two affidavits of birth with Form I-485.
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.
Examples of Secondary Evidence
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 unavailable 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:
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.
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. To request a copy, use Form G-639, Freedom of Information Act Request.
Original, Apostille, and Notarized Documents
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 (FAQs)
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 other -- 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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