Q: How can my Australian mom obtain her Chinese birth certificate while she is in the US?
I am a naturalized US citizen and I want to help my mom get a green card. The problem is that she doesn't have her birth certificate, which I understand is one of the documents she must submit with her application. She was born in China and is an Australian citizen. She is currently in the US under a B2 tourist visa and I want to help her apply for I-485 adjustment of status. Her younger brother is in China and needs the power of attorney to help my mom get her birth certificate there. I have read that the power of attorney document must be notarized, as well as authenticated by the local government and the Chinese embassy. Can she create this document while she is in the US? What would be the process?
A:
Yes, your mom can create a power of attorney (POA) document while she is in the US. The process involves drafting a POA that authorizes her brother in China to act on her behalf to obtain her birth certificate. This document must be notarized in the US to verify her identity and signature.
After notarization, the POA must go through a certification process. The notarized document needs to be authenticated by the Secretary of State's office in the state where it was notarized. Following that, the document should be sent to the Chinese Embassy or Consulate in the US for further authentication.
Once the Chinese Embassy or Consulate completes the authentication, your mom can send the authenticated POA to her brother in China. With the proper authorization in hand, he will be able to request her birth certificate from the relevant authorities in China. Make sure to follow all guidelines from the Chinese Embassy or Consulate to ensure the document is accepted.
A: To obtain her birth certificate it would be wise to engage an immigration lawyer to obtain that document as well as represent you and mom throughout the case from start to finish. Some of us charge a very affordable flat fee with no hidden costs and will do an excellent job!
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