Chu sheng gong zheng shu needed if born after 1996

[Just_US_Boy]

Hello all, small question I can't find online.

My partner submitted a medical birth certificate with a US notarized translation for I-130/I-485. She was born after 1996, 1998.

Sources indicate online, if born after 1996 a chu sheng gong zheng shu is NOT needed, just the medical birth certificate.

Last week I received notice that the birth certificate was not accepted and a chu sheng gong zheng shu was needed. Is this correct, as my partner was born AFTER 1996.

My partner is in america so it is very hard to get a chu sheng gong zheng shu. Is there an easy way to do this and do I even NEED to? All things suggest I just need the medical birth certificate.

I apologize if this has been asked before, I search all over and could only find one similar but not exact post.

Thank you!

[fluffyballs]

Hello all, small question I can't find online.

 

My partner submitted a medical birth certificate with a US notarized translation for I-130/I-485. She was born after 1996, 1998.

 

Sources indicate online, if born after 1996 a chu sheng gong zheng shu is NOT needed, just the medical birth certificate.

 

Last week I received notice that the birth certificate was not accepted and a chu sheng gong zheng shu was needed. Is this correct, as my partner was born AFTER 1996.

 

My partner is in america so it is very hard to get a chu sheng gong zheng shu. Is there an easy way to do this and do I even NEED to? All things suggest I just need the medical birth certificate.

 

I apologize if this has been asked before, I search all over and could only find one similar but not exact post.

 

Thank you!

 

My wife needed the "chu sheng gong zheng shu" (i.e. the white booklet) since she was born well before 1996. Her "medical birth certificate" was literally a 3" x 5" handwritten paper that looked like it had gone thru the washer about 400 times. So her mom went to the local government office, they printed the booklet, notarized it, and her mom then shipped it to the US via DHL.

 

These are the documents accepted by the department by state: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/China.html . I don't see any mention of the medical birth certificate, but I'm not sure if they are also relevant for the USCIS 1130/I485 package. Another user may be able to answer.

 

When I submitted my stepdaughter's I130 (born after 1996), we included both the medical birth certificate and the notatorial certificate to be safe (per the advice of our lawyer) and we had no issues.

Edited May 21, 2019 by fluffyballs (see edit history)

[Just_US_Boy]

Thanks for the reply fluffyballs!

By "notarial certificate" for your stepdaughter do you mean what some people call the "white book/booklet"? I am new to all these terms haha.

Your wife's mother was able to do so in china for her? What documents did her mother have to provide? I have seen a lot of conflicting information so I am confused.


If anyone else can also comment about whether the white book is needed after 1996 that would be much appreciated! Thank you!

[fluffyballs]

Thanks for the reply fluffyballs!

 

By "notarial certificate" for your stepdaughter do you mean what some people call the "white book/booklet"? I am new to all these terms haha.

 

Your wife's mother was able to do so in china for her? What documents did her mother have to provide? I have seen a lot of conflicting information so I am confused.

 

 

If anyone else can also comment about whether the white book is needed after 1996 that would be much appreciated! Thank you!

Yes, the notatorial certificate = the white book.

 

Not sure what my MIL had to do to get the notatorial certificates... all I remember is her complaining for days on end about having to wait in line for 4+ hours on two separate trips (one for my wife, on for my stepdaughter).... Fortunately my wife took the brunt of that one.

 

But with regards to your question, you can either write a rebuttal to the RFE if you can without a doubt argue that USCIS messed up (including sources) and that the medical certificate is sufficient... the safer option IMO would be to just submit the notatorial certificate and move on.

Edited May 21, 2019 by fluffyballs (see edit history)

[Just_US_Boy]

Okay, thanks for your help fluffyballs!

To anyone else:

I also noted this comment an admin, Randy W. made:

"This is an actual birth certificate - the notation is Medical Certificate of Birth - 出生医学证明 (chu sheng yixue zheng ming). You generally will NOT want one of these, unless you know that one was issued at birth - AFTER 1991.

"

 

This is the document we submitted, and it was issued after 1991 (1998)

I've seen multiple things stating this is all we need, but can't find a confirmed source. Is this correct?

[Randy W]

Hello all, small question I can't find online.

 

My partner submitted a medical birth certificate with a US notarized translation for I-130/I-485. She was born after 1996, 1998.

 

Sources indicate online, if born after 1996 a chu sheng gong zheng shu is NOT needed, just the medical birth certificate.

 

Last week I received notice that the birth certificate was not accepted and a chu sheng gong zheng shu was needed. Is this correct, as my partner was born AFTER 1996.

 

My partner is in america so it is very hard to get a chu sheng gong zheng shu. Is there an easy way to do this and do I even NEED to? All things suggest I just need the medical birth certificate.

 

I apologize if this has been asked before, I search all over and could only find one similar but not exact post.

 

Thank you!

 

 

US notarization of the Medical birth certificate is worthless. It's not clear WHY the Consulate is still insisting on the white book format for the Medical birth certificates, but apparently they are.

 

Ask for a 出生医学证明公证书, or Chūshēng yīxué zhèngmíng gōngzhèng shū at the Gong Zheng Chu, or 公证处.

 

The notation on the notarial birth certificate is 出生公证书, or chu sheng gong zheng shu. The chu sheng gong zheng shu is a statement by the notarial official as to the facts of the birth, and NOT a translation of an actual birth certificate.

 

Ask for a Notarial Document or Certificate based on the MEDICAL birth certificate. The designation for the Notarial Certificate is Gong Zheng Shu, or 公证书.

They should be able to generate a Notarial Certificate from ANY document, not just those based on the hukou. Ask for a 出生医学证明公证书, or Chūshēng yīxué zhèngmíng gōngzhèng shū.

If they still refuse, then I would simply turn in the birth certificate as is, along with an explanation that the Notarial Certificate could not be generated, and identify the Gong Zheng Chu, or 公证处 that declined it.

 

The Guangzhou consulate REQUIRES the notarial certificates of medical birth (出生医学证明公证书), but the USCIS in the United States MAY NOT need it. The birth certificate is already in English AND Chinese.

 

 

I see that she is submitting the I-485 stateside, so that may simply have been a misreading of the requirements by the person issuing the RFE. The Chinese Medical Birth Certificate is similar to birth certificates used in other countries, so, if she doesn't have family members back home who can get the Gong Zheng Shu for her, you might see if you can't get them (USCIS) to accept it as is.

Edited May 22, 2019 by Randy W (see edit history)

[Randy W]

The Gary Chodorow Law Offices states at

What Type of China Birth Certificate Is Required for U.S. Immigration?

 

Both agencies look at specifications in the State Department’s Reciprocity Schedule for what type of birth certificate is required. The Reciprocity Schedule was updated on Apr. 4, 2016. It now states:

• For people born starting 1996, the original medical certificate of birth (出生医学证明 chusheng yixue zhengming) should be available in a standardized format. Submit a certified copy of that birth certificate issued by a PRC notary public office (由当地公证处出具的出生公证书). Have the original certificate available too at your interview for the officer’s review.

 

but I haven't yet found that on the reciprocity page. The information on the Chodorow Law page is probably all you need, though.

 

From Google, 由当地公证处出具的出生公证书 translates as "Birth certificate issued by the local notary office"

Edited May 21, 2019 by Randy W (see edit history)

[Randy W]

From checking out the Internet Archive Wayback Machine, it looks like the State Dept. inadvertently DROPPED the reference to the Medical Certificate of Birth when they reformatted the page in Nov or Dec 2018.

 

 

See old page (Nov., 2018) at https://web.archive.org/web/20181118212311/https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/China.html

 

and new page (Dec., 2018) at https://web.archive.org/web/20181209114824/https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/China.html

 

It now says:

One of the following three documents:

Birth certificate (Chu Sheng Zheng Ming Shu) or medical certificate of birth (Chu Sheng Yi Xue Zheng Ming) issued by the hospital
Initial Birth Record issued by the Household Registration Department of the local Public Security Bureau
Proof of birth issued by the sub-district office or the Personnel Department of Work Unit

 

 

 

Your wife or a family member should be able to get the Gong Zheng Shu, or 公证书 at the notarial office.

[Just_US_Boy]

Thank you so much Randy!

I also tried the wayback machine funny enough and couldn't find it, thank you so much for that link!

So, to my understanding, this is what seems like the best option:

1) If POSSIBLE, ask wife's mother to get the Gong Zheng Shu in China using my wife's medical birth certificate as proof.
2) If NOT possible, submit another copy of wife's medical birth certificate(again), translation(again), and a note stating our inability to get the Gong Zheng Shu AND sources for why she should only need the medical birth certificate as she was born after 1996.

[fluffyballs]

Thank you so much Randy!

 

I also tried the wayback machine funny enough and couldn't find it, thank you so much for that link!

 

So, to my understanding, this is what seems like the best option:

 

1) If POSSIBLE, ask wife's mother to get the Gong Zheng Shu in China using my wife's medical birth certificate as proof.

2) If NOT possible, submit another copy of wife's medical birth certificate(again), translation(again), and a note stating our inability to get the Gong Zheng Shu AND sources for why she should only need the medical birth certificate as she was born after 1996.

 

 

 

 

What are your sources for this ? Just wondering ...

[Just_US_Boy]

USCIS Reciprocity Schedule (Nov., 2018)

Gary Chodorow, Lawyer Specializing in U.S. Immigration and Nationality Law (https://lawandborder.com/birth-certificate-china-immigrant-visa/)

[Randy W]

USCIS Reciprocity Schedule (Nov., 2018)

 

Gary Chodorow, Lawyer Specializing in U.S. Immigration and Nationality Law (https://lawandborder.com/birth-certificate-china-immigrant-visa/)

 

 

That's a direct quote from the Reciprocity Schedule and pretty much says that you NEED the white book format - gong zheng shu. You should not have any trouble getting this.

 

I think the person who issued the RFE and told you a "chu sheng gong zheng shu" was needed was just confused.

[Just_US_Boy]

I'm a little confused with your last message

That's a direct quote from the Reciprocity Schedule and pretty much says that you NEED the white book format - gong zheng shu. You should not have any trouble getting this.

I think the person who issued the RFE and told you a "chu sheng gong zheng shu" was needed was just confused.

 

 

So a gong zheng shu and chu sheng gong zheng shu are not the same thing?


Looking here https://lawandborder.com/birth-certificate-china-immigrant-visa/

 

it looks like it's saying Type1: Only the medical certificate and translation are needed, not the white book. Am I mistaken?

[Randy W]

I'm a little confused with your last message

 

That's a direct quote from the Reciprocity Schedule and pretty much says that you NEED the white book format - gong zheng shu. You should not have any trouble getting this.

I think the person who issued the RFE and told you a "chu sheng gong zheng shu" was needed was just confused.

 

 

So a gong zheng shu and chu sheng gong zheng shu are not the same thing?

 

 

Looking here https://lawandborder.com/birth-certificate-china-immigrant-visa/

 

it looks like it's saying Type1: Only the medical certificate and translation are needed, not the white book. Am I mistaken?

 

 

A gong zheng shu is ANY document issued by the notarial office - a notarial certificate.

 

A chu sheng gong zheng shu is a particular TYPE of gong zheng shu - notarial certificate of birth. This is the older format, based on the hukou.

 

The first page identifies it as a Gong Zheng Shu (Notarial certificate).

 

The second page is the Chinese document, in this case, a 出生公证书 (chu sheng gong zheng shu) or Notarial Certificate of Birth.

 

Ask for a 出生医学证明公证书, or Chūshēng yīxué zhèngmíng gōngzhèng shū

(notarial medical certificate of birth).

 

This is what the Dept of State reciprocity page now says, at the top, front and center, under birth certificate:

 

Document Name: Notarial certificate (Gong Zheng Shu)

Issuing Authority: Local Notary Public Office (Gong Zheng Chu)

which covers both types.

It used to say (Dec., 2018)

Document Name: Notarial birth certificate (Chu Sheng Gong Zheng Shu)

Issuing Authority: Local Notary Public Office (Gong Zheng Chu)

 

which ONLY covers the older format.

 

That is probably where the Immigration Official's confusion on the RFE came from.

 

Gary Chodorow's discussion under "Commentary" is confused, but even his Type 1 discussion mentions "notarization".

Edited May 23, 2019 by Randy W (see edit history)

[Randy W]

Remember that China is not a party to the Hague convention.

 

The Chinese standard for documents to be used overseas has LONG been to issue notarial documents, so I think the Consulate has simply been slow to recognize the new medical birth certificates. This has apparently spilled over to the Dept. of State's Reciprocity Schedule, which is also used by the USCIS.

 

ANY document can be issued as a notarial document, so this should not cause any problems (beyond the confusion). I believe that SOME medical birth certificates were accepted by the USCIS, but that this may no longer be the case. The Consulate, as far as I know, has ALWAYS required the notarial document (white books), even for the medical birth certificates.