ACBA
The state Bar of California
Asian American Bar Association
American Immigration Lawyers Association
ATLA
Expertise
Expertise 2021

1-130 Sibling Petitions Approval With Complications of Vietnamese Birth Proof

A Vietnamese-born Chinese, who became a U.S. citizen by naturalization, filed 1-130 petitions to bring her five siblings and their families over to the U.S. We represented the petitioner on the petitions. Birth certificates were not available to the petitioner or the beneficiaries at the time of the filing; therefore, affidavits from the petitioner and beneficiaries’ biological mother as well as their neighbors in Vietnam were submitted to prove their births. But the USCIS did not find the affidavits sufficient and requested further evidence of birth proof. Otherwise, the petitions that had been pending for over five years would be denied.

With our office’s instruction, the petitioner and beneficiaries were able obtain a late registration of birth from Vietnam and had it translated into English by a certified translation agency in the U.S. At the meantime, because of the differences in spelling of their Vietnamese and Chinese names, USCIS requested additional information to prove their name changes. This family was born in Vietnam and later went to China. They continued to live in China as refugees. Our office did thorough research and was able to demonstrate to USCIS how the petitioner and the beneficiaries’ Vietnamese and Chinese names are the same in meaning and writing despite their different spelling. Ultimately, we successfully helped our clients to get approvals (Approval date 03/16/2015) for their petitions.

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