Many immigrants arrive in the USA without birth, marriage and divorce certificates. These identity documents along with school and church records and diplomas have been lost or destroyed during wartime. The Khmer Rouge government in Cambodia, for example, wiped out the paper identities of millions of Cambodians, and now the same is happening in Kosovo as government and family records and homes are burned.

Many of the Kosovo refugees will resettle in the United States and begin a new life. They will work and go to school and eventually many will become citizens. Without official documents they can only prove their identities through secondary evidence and affidavits.

Evidence and affidavits are critical. A refugee mother with children, who knows her husband is dead, but has no death certificate to prove it, must depend upon friends to attest she was married and the identity of her husband if she is to obtain benefits.

For the INS the non-existence or unavailability of required identity documents creates a presumption of ineligibility for citizenship. If a required document, such as a birth or marriage certificate, does not exist or cannot be found, a person must demonstrate this by providing secondary evidence, such as church and school records that are pertinent.

If secondary evidence also is not available, the person must demonstrate the unavailability of both the required document and relevant secondary evidence, and submit two affidavits, sworn to or affirmed by persons who have direct personal knowledge of the events and circumstances. Secondary evidence to be successful must overcome the unavailability of primary evidence (original documents) and affidavits must overcome the unavailability of both primary and secondary evidence.

Where a record does not exist, the person must submit an original written statement on government letterhead establishing this fact. The statement must indicate the reason the record does not exist, and whether or not similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. Cambodia is a good example and, I am certain the State Department will soon add Kosovo.

Someone who has not been able to acquire documents or statements from a foreign government may submit evidence that repeated good faith attempts were made to obtain the required documents or statements. However, where the INS finds that such documents or statements are generally available, it may require that the person submit the required document or statement.

Any foreign language document submitted to INS must be translated entirely into English. The translator must certify that the document is complete and accurate and that he or she is competent to translate from the foreign language into English.

The INS will accept and consider as secondary evidence the following items:

Baptismal Certificate - A certificate with the seal of the church where the baptism occurred, showing date and place of birth, date of baptism, the names of the godparents, if known.

School Record - A letter from the school authorities having jurisdiction over the school attended (preferably the first school), showing the date of admission to the school, date of birth or age at that time, place of birth, and the names and places of birth of parents, if shown in the record.

Census Record - State or Federal census record showing the name(s) and place(s) of birth, and date(s) of birth or age(s) of the person(s) listed.

Affidavits - Notarized affidavits of two persons who were living at the time, and who have a personal knowledge of the event your are trying to prove, such as the date and place of a birth, marriage, or death. The persons making the affidavits may be relatives and need not be citizens of the United States. Each affidavit should contain the following information regarding the person making the affidavit: His(her) full name and address; date and place of birth; relationship to you, if any; full information concerning the event; and complete details concerning how he/she acquired knowledge of the event.

New Americans of Washington. "I Have No Documents. They Were Destroyed in Kosovo." http://www.newamericans.com/citizen/news/kosovo.htm (28 May 1999)