Re: Passport in lieu of birth certificate

On 25 Aug 2005, gzi@xxxxxxxxxx wrote:

>Suppose you almost meet a deadline to apply for something from a US
>government agency, but the agency requires you to show a certified
>copy of your birth certificate, and you can't get it in time to meet
>the deadline. Instead, you show the clerk your valid US passport.
>But this particular clerk decides to be stubborn and insist on your
>birth certificate, so you miss the deadline.
>
>Are there any federal laws, rules, regulations, or court cases, which
>would support your case that by showing your passport you met the
>requirement to show your birth certificate, and thus met the deadline?

As for pretty much all else that is law related, this will depend on
knowing more of the particulars - for example, at least the answers
to:

Given whatever is the specific factual context, was the
something the agency in question could grant or withhold made
dependent from the outset on the applicant first providing a birth
certificate rather than some other document?

Was whatever is that agency's policy of confirming the date
and place of birth in whatever is the circumstances at issue one that
had been made known by some sort of published agency-wide general
rule actually applied agency-wide compared with just an ad hoc
decision by a clerical or quasi-clerical employee in a local branch
office the you in question happened to deal with?

Is there any precedent of the something in question having
previously been granted to another applicant with comparable
background and related status to the you in question but without
requiring a birth certificate of that other person?

If not answered by the answers to the two questions above:
was or was not the lack of a birth certificate unilaterally created -
e.g., did the you in question decide to wait until just before the
agency's deadline was about to expire to first apply for that
something compared with whether there was a reasonable opportunity in
the circumstances to have applied earlier when that you may have had
time to have obtained the birth certificate)?

Another question the you in question might want to answer at least
privately for himself is whether the failure to include in his query
first posted above any of the information that would answer the above
questions despite what ought be a near obvious need to do so if he
wants actually correct answers to his query is symptomatic of an
intellectual or character trait that contributed at least as much as
the clerk's stubborness to him having the difficulty referred to.


.

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