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The short answer
USCIS considers affidavits only after you show that both the primary document (the birth certificate) and secondary evidence are unavailable. Under 8 CFR 103.2(b)(2) you then submit two or more affidavits from people who are not parties to the case and have direct personal knowledge of the birth, ideally with an official statement on government letterhead explaining why the record does not exist.
Some Nigerian births were never registered, some records were lost, and some people only ever held a sworn age declaration. US immigration has a set order for handling this, and skipping a step is the usual reason a case gets a request for evidence. This is information, not legal advice; for a complex case, an immigration attorney should review your evidence.
The order USCIS works in
The regulation, 8 CFR 103.2(b)(2), sets three tiers. It starts from a hard line: "The non-existence or other unavailability of required evidence creates a presumption of ineligibility." You overcome that presumption step by step.
- Primary evidence. For a Nigerian birth, the State Department lists the NPC Certificate of Birth, or for pre-1979 births an NPC Attestation of Birth.
- Secondary evidence. Other records made at or near the time: the State Department's Nigeria page lists local government or hospital birth certificates and baptismal certificates as alternates for earlier births. School and medical records may also help.
- Affidavits. Only if both are unavailable, two or more affidavits as described below.
Proving the record is not there
The regulation says that where a record does not exist, you must submit "an original written statement on government letterhead" from the relevant authority. The statement must say why the record does not exist and whether similar records for that time and place are available. For a Nigerian birth, the natural authority is the National Population Commission office for the area of birth. Ask it, in writing, for such a statement. If the office will not issue one, keep proof that you asked, because USCIS weighs what you tried.
What the affidavits must show
The regulation asks for affidavits "sworn to or affirmed by persons who are not parties to the petition who have direct personal knowledge of the event and circumstances." In practice that means:
- Two or more people. One is not enough.
- Not parties. Not the applicant or the petitioner. Older relatives, family friends or a midwife who were present are typical.
- Direct knowledge. How they know: "I am her aunt and was at the house in Onitsha the day she was born" carries more weight than "I have always known her".
- Specific facts. Full name at birth, date and place, both parents' names, and the affiant's own name, date of birth, address and relationship.
- Sworn properly. Before a notary in the US, or a Commissioner for Oaths or court registry in Nigeria. A Nigerian-sworn affidavit needs a clean original or scan as the case requires.
Where a Nigerian age declaration fits
Many Nigerians hold a sworn declaration of age made for a passport or school. The State Department lists an age declaration among documents Nigeria accepts for its own passports, but not as a birth record for US purposes. It is sworn by the person or a parent, often years after the birth, so it does not meet the "not a party" test as an affidavit. You can include it as part of the picture, but do not rely on it alone.
An outline of a strong affidavit
Example only, written by an aunt for her niece:
- The aunt's full name, date of birth, address and ID.
- Her relationship: elder sister of the child's mother.
- The facts: that on a stated date she was at the family house at a stated address in Onitsha when the child was born, and the names of both parents.
- How she knows the date: for example, it was the week of a named family event she remembers.
- That the child has been known since by the name now on the passport, with any spelling variations explained.
- Her signature, sworn before a notary or Commissioner for Oaths, with the date.
A second affidavit from a different person, such as a neighbour or family friend who visited soon after the birth, completes the minimum the regulation asks for.
Common gaps
| Gap | Fix |
|---|---|
| No proof the NPC record is missing | Ask the NPC in writing for a letter on letterhead; keep the request |
| Only one affidavit | Get at least two from different people |
| Affiant is the applicant's parent who is also the petitioner | Use people who are not parties |
| Affidavit says "I know" without saying how | State how and when the affiant learned of the birth |
| Names differ between affidavits and passport | Explain spelling variations in the affidavit itself |
Any affidavit in a language other than English needs a full English translation with the translator's certificate of competence and accuracy, under 8 CFR 103.2(b)(3).
Where Pryme fits
Relatives at home often swear affidavits and run errands to NPC offices. A Pryme account opened from the US lets you send naira to cover their costs, with receipts you can keep with your case file. See multicurrency accounts.
Questions people ask
Does USCIS accept a birth affidavit from Nigeria?
Only after you show the birth certificate and secondary evidence are unavailable. Then 8 CFR 103.2(b)(2) allows two or more affidavits from non-parties with direct personal knowledge.
Who can write a birth affidavit for USCIS?
People who are not parties to the case and have direct personal knowledge of the birth, such as older relatives or family friends who were present.
Is a Nigerian age declaration enough for USCIS?
It is not listed by the State Department as a Nigerian birth record. Use it as supporting material, not on its own.
Do I need a non-availability letter from NPC?
The regulation asks for an original statement on government letterhead when a record does not exist. Ask the NPC office for the area of birth and keep proof of the request.
Sources
- eCFR: 8 CFR 103.2, submission and adjudication of benefit requests · accessed Oct 2026
- US Department of State: Nigeria reciprocity and civil documents · accessed Oct 2026
- Gazette (NAN): Nigerians abroad can now register births and deaths online · accessed Oct 2026
This article is general information, not financial, legal or tax advice. Products described are provided under the terms on this site and are subject to regulation and eligibility.