How to Obtain Substitute Documents for Immigration Applications

Substitute documents play a crucial role in immigration applications, providing alternative evidence when original documents are unavailable. In the United States, where immigration is significant, substitute documents help individuals overcome challenges in presenting required verification. According to the U.S. Census Bureau, as of 2020, around 44.9 million immigrants resided in the U.S., accounting for approximately 13.7% of the total population.

Standard substitute documents include affidavits, secondary evidence, and notarized/certified copies. Affidavits are sworn statements made by third parties to attest to specific facts. Secondary evidence encompasses alternate documents like school records, transcripts, medical records, or police reports when originals are unobtainable. Notarized or certified copies are authenticated duplicates of original documents. The availability and acceptance of substitute documents vary depending on the specific immigration application and the authorities involved. It is crucial for individuals to consult official guidelines, seek legal advice, and provide substitute documents that fulfill the requirements, contributing to a comprehensive and successful immigration application.

Which Documents May Need to Be Substituted for My Immigration Application?

Here's a breakdown of the substitute documents, their purpose, who may need them for an immigration/green card application, how to obtain them, and any associated costs:

Affidavit:

What it is: An affidavit is a written and sworn statement by a third party affirming certain facts within their personal knowledge.

Who may need it: Individuals who cannot obtain an original document required for their application may use an affidavit as a substitute, typically supported by someone who knows the facts.

How to get it: The affidavit should be prepared by a person with knowledge of the facts and signed in the presence of a notary public or another authorized individual who can administer oaths.

Cost: Costs can vary depending on the notary public or authorized individual, but it is generally a nominal fee ranging from a few dollars to around $50, depending on the jurisdiction and the complexity of the affidavit.

Secondary evidence:

What it is: Secondary evidence refers to alternate documents or evidence that can be submitted when the original required document is not available.

Who may need it: Individuals who are unable to obtain the original required document, such as a birth certificate or educational transcript, may submit secondary evidence as a substitute.  Secondary evidence is also often used to establish domicile or physical presence within a specific state or country during a specific period of time. 

How to get it: Secondary evidence can vary depending on the specific document being substituted. For example, if a birth certificate is not available, secondary evidence can include hospital records, baptismal certificates, or sworn affidavits from individuals with knowledge of the birth.

Cost: Costs associated with obtaining secondary evidence will depend on the specific document or evidence being used. It may range from nominal fees, such as notarization fees or administrative costs for copies or affidavits, to more substantial costs if extensive research or verification is required.

Notarized or certified copies:

What they are: Notarized or certified copies are copies of original documents that have been authenticated by a notary public or another authorized individual.

Who may need them: Individuals who cannot provide an original document may submit a notarized or certified copy as a substitute.

How to get them: Obtain a copy of the original document and have it authenticated by a notary public or another authorized individual who can certify its accuracy and conformity to the original.

Cost: Costs for obtaining notarized or certified copies will vary depending on the notary public, or authorized individual. It typically ranges from a few dollars to around $50, depending on the jurisdiction and the complexity of the authentication process.

School records or transcripts:

What they are: School records or transcripts are documents that provide information about an individual's educational history, including courses taken, grades achieved, and degrees obtained.  School records can also be used to establish domicile or residential history in a specific location.

Who may need them: Individuals who are unable to obtain official academic transcripts or diplomas may submit school records or transcripts as substitute evidence of their education.

How to get them: Contact the educational institution(s) attended and request official school records or transcripts. The process may involve submitting a written request, completing necessary forms, and potentially paying administrative fees.

Cost: Costs associated with obtaining school records or transcripts can vary depending on the educational institution's policies. Fees may include transcript fees, administrative charges, or mailing fees. The costs may vary depending on the transcript or document.

Medical records:

What they are: Medical records include documentation of an individual's medical history, diagnoses, treatments, and any other relevant medical information.

Who may need them: Individuals who are unable to obtain official medical records may provide alternative documents, such as doctor's letters, vaccination records, or prescriptions, as substitute evidence of their medical history or health condition. Medical records showing treatment received may also be used to establish domicile or residence in a particular state or country. 

How to get them: Contact healthcare providers, doctors, or medical facilities where treatment was received and request relevant medical records or alternative documentation. The process may involve completing a medical records request form and potentially paying fees for copying or administrative services.

Cost: Costs for obtaining medical records can vary depending on the healthcare provider's policies, the extent of the documents requested, and any associated fees. Costs may range from a few dollars to several tens or even hundreds of dollars, particularly if extensive medical records need to be obtained.

Police reports or affidavits:

What they are: Police reports are official records prepared by law enforcement agencies detailing specific incidents or events. Affidavits are sworn statements made by individuals with knowledge of relevant facts.

Who may need them: Individuals who are unable to obtain a police clearance certificate or criminal record check may submit police reports or sworn affidavits as substitute evidence regarding their criminal record or lack thereof.

How to get them: Contact the relevant law enforcement agencies or police departments to request a police report or obtain information on the process for obtaining one. Sworn affidavits can be prepared by individuals with knowledge of the facts and should be notarized.

Cost: Costs associated with obtaining police reports or affidavits may vary depending on the law enforcement agency's policies, any applicable administrative fees, or notarization costs. Fees can range depending on the jurisdiction and the extent of the requested documentation.

It's important to note that the specific substitute documents required, and the associated costs may vary depending on the immigration application type, the particular circumstances, and the requirements set by the immigration authorities. It is advisable to consult the official guidelines provided by the relevant immigration agency, like the United States Citizenship and Immigration Services website, or seek legal advice to determine the specific substitute documents required for the intended immigration application and any associated costs.

Legal Resources for Immigrants

For individuals seeking legal advice while immigrating, several resources are available to provide assistance and guidance. Non-profit organizations specializing in immigration law, such as the American Immigration Lawyers Association (AILA) or the Immigration Advocates Network (IAN), offer valuable resources, directories, and access to attorneys who can provide legal advice and support. These organizations can help connect individuals with experienced professionals who are knowledgeable about immigration laws and regulations. It's important to note that while these resources can provide helpful information and access to legal professionals, it is advisable to consult with an immigration attorney for personalized advice based on your specific circumstances.

Immigrant Legal Advocacy Project (ILAP)

ILAP is a non-profit organization that provides free and low-cost immigration legal services to low-income immigrants and refugees in Maine. Their services include legal representation, education, and advocacy. You can contact them at (207) 780-1593 or visit their website at https://ilapmaine.org/.

National Immigrant Justice Center (NIJC) 

NIJC is a non-profit organization that provides legal services to immigrants, refugees, and asylum seekers in the Chicago area and beyond. Their services include legal representation, education, and advocacy. You can contact them at (312) 660-1370 or visit their website at https://www.immigrantjustice.org/.

Legal Aid Society of New York 

The Legal Aid Society of New York provides free legal services to low-income individuals and families in New York City. They offer immigration services, including legal representation and advice. You can contact them at (212) 577-3300 or visit their website at https://www.legalaidnyc.org/.

Legal Services of Northern California 

Legal Services of Northern California provides free legal services to low-income individuals and families in 23 counties in Northern California. They offer immigration services, including legal representation and advice. You can contact them at (916) 551-2100 or visit their website at https://www.lsnc.net/.

American Immigration Lawyers Association (AILA) 

AILA is a national association of immigration attorneys. Their website includes a directory of AILA members who specialize in immigration law. You can search for an attorney by location and practice area at https://www.ailalawyer.com/.