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  • Birth Certificate Unavailable / Affidavit for I-485

    Hi,

    I don't have a birth certificate and I had sent 2 affidavits (Signed my parents in Rs 10 Stamp Paper and notarised) to our attorney for review. Below is the response from the Immigration Specialist. Is this valid or not? I just have a few months (4 months) in my H1 and i'm wondering whether it is a must to get it from the local magistrate.

    "Because you were both born after the time that registration of birth was required(1970), we will need either a copy of your birth certificates or an affidavit from the local magistrate indicating birth certificates are not available."
    140/485/EAD/AP RD:12/30/04 ND:01/13/05
    CSC EB3 Sub Labor: PD 08/01
    FP: 02/08/05
    EAD AD: 03/08/05
    AP AD : 03/09/05
    Primary Applicant I-485 AD:07/01/05
    Secondary Applicant I-485 LUD: 07/19/05

  • #2
    Originally posted by gcwait2002
    Hi,

    I don't have a birth certificate and I had sent 2 affidavits (Signed my parents in Rs 10 Stamp Paper and notarised) to our attorney for review. Below is the response from the Immigration Specialist. Is this valid or not? I just have a few months (4 months) in my H1 and i'm wondering whether it is a must to get it from the local magistrate.

    "Because you were both born after the time that registration of birth was required(1970), we will need either a copy of your birth certificates or an affidavit from the local magistrate indicating birth certificates are not available."
    if u dont have BC u can submit affidvait from ur parents having ur name
    and eact birthdate and also submit a non-availibilty certificate.
    u can also have lets say ur uncles name included in affidvait
    stating ur name and DOB. There are many forums here which can
    give u a format if needed.


    Hope this helps.
    ------------
    Good Luck
    EB3 Concurrent 140/485 @ VSC PD Mar 2004
    Case currently with TSC
    IMP NOTE: Who me? I ain't an attorney!

    Comment


    • #3
      Originally posted by fast_gc_seeker
      if u dont have BC u can submit affidvait from ur parents having ur name
      and eact birthdate and also submit a non-availibilty certificate.
      u can also have lets say ur uncles name included in affidvait
      stating ur name and DOB. There are many forums here which can
      give u a format if needed.


      Hope this helps.
      Hi fast_gc_seeker,
      Thanks for the response. Regarding the non-availabilty certificate, where would one get it? Can you give more details on this?

      Thanks.
      140/485/EAD/AP RD:12/30/04 ND:01/13/05
      CSC EB3 Sub Labor: PD 08/01
      FP: 02/08/05
      EAD AD: 03/08/05
      AP AD : 03/09/05
      Primary Applicant I-485 AD:07/01/05
      Secondary Applicant I-485 LUD: 07/19/05

      Comment


      • #4
        Originally posted by gcwait2002
        Hi fast_gc_seeker,
        Thanks for the response. Regarding the non-availabilty certificate, where would one get it? Can you give more details on this?

        Thanks.

        On the affidvait you can also mention that BC was not made when u
        were born as it was not mandatory that time or not available that time
        hence this affidvait.
        ------------
        Good Luck
        EB3 Concurrent 140/485 @ VSC PD Mar 2004
        Case currently with TSC
        IMP NOTE: Who me? I ain't an attorney!

        Comment


        • #5
          sample of affidvait when birth was never registered

          here is sample of affidvait when birth was never registered.
          Attached Files
          ------------
          Good Luck
          EB3 Concurrent 140/485 @ VSC PD Mar 2004
          Case currently with TSC
          IMP NOTE: Who me? I ain't an attorney!

          Comment


          • #6
            You can birth certificate from embassy

            Just get a birt certificate from embassy. they issue it based on your birth date on the passport. that worked just fine for me.

            Comment


            • #7
              Originally posted by coolman
              Just get a birt certificate from embassy. they issue it based on your birth date on the passport. that worked just fine for me.
              absolutely wrong...there are many instances where BC issued by
              embassies r not accepted.
              ------------
              Good Luck
              EB3 Concurrent 140/485 @ VSC PD Mar 2004
              Case currently with TSC
              IMP NOTE: Who me? I ain't an attorney!

              Comment


              • #8
                u will go to the municipality of ur birth city, where u would have registered ur birth in normal case, and get the non-availability certificate from there.

                www.yourmaninindia.com is a website that claims to do that for some fee. I have not used it neither do i know anyone who has, but have seen it cited on these forums.

                but if ur parents live in or close to ur city of birth then it just involves 1-2 visits to the tehsil/municipality office.
                I am not an attorney so ...........

                Comment


                • #9
                  certificate of non-availability of Birth certificate..

                  Hello gcwait2002/wait_toolong/fast_gcseeker,

                  Can you guys tell me where i can find a format for the non-availability certificate. I have affidavits from my parents on 20 Rs stamp paper stating birth was not registered. But I guess we need a local magistrate to confirm that birth certificate is not available.

                  Many thanks,
                  Tim.

                  Comment


                  • #10
                    Originally posted by Tim_h
                    Hello gcwait2002/wait_toolong/fast_gcseeker,

                    Can you guys tell me where i can find a format for the non-availability certificate. I have affidavits from my parents on 20 Rs stamp paper stating birth was not registered. But I guess we need a local magistrate to confirm that birth certificate is not available.

                    Many thanks,
                    Tim.
                    Tim, the file uploaded by me earlier in this thread is what u want.
                    ------------
                    Good Luck
                    EB3 Concurrent 140/485 @ VSC PD Mar 2004
                    Case currently with TSC
                    IMP NOTE: Who me? I ain't an attorney!

                    Comment


                    • #11
                      Originally posted by Tim_h
                      Hello gcwait2002/wait_toolong/fast_gcseeker,

                      Can you guys tell me where i can find a format for the non-availability certificate. I have affidavits from my parents on 20 Rs stamp paper stating birth was not registered. But I guess we need a local magistrate to confirm that birth certificate is not available.

                      Many thanks,
                      Tim.
                      Hi Tim,
                      Attached is the doc which i rcvd from my attorney. Currently, I have the affidavit from my parents. Recently USCIS has been asking for the "Non-Availability Certificate". So, i have asked my Dad to get it from the municipal office of my birth place.

                      USCIS requires,

                      1. Birth Certificate [OR]
                      2. Two affidavits + Non-Availability Certificate.

                      The Non-Availability Certificate requirement is on a case to case basis. Some attorney's are fine with just the affidavits, but some ask for both affidavits and Non-availability Certificate.
                      Thanks.
                      Attached Files
                      Last edited by gcwait2002; 30th September 2004, 08:47 PM.
                      140/485/EAD/AP RD:12/30/04 ND:01/13/05
                      CSC EB3 Sub Labor: PD 08/01
                      FP: 02/08/05
                      EAD AD: 03/08/05
                      AP AD : 03/09/05
                      Primary Applicant I-485 AD:07/01/05
                      Secondary Applicant I-485 LUD: 07/19/05

                      Comment


                      • #12
                        Thanks a tonne - gcwait!. I really appreciate your help.

                        Comment


                        • #13
                          why do you say that?

                          Originally posted by fast_gc_seeker
                          absolutely wrong...there are many instances where BC issued by
                          embassies r not accepted.
                          the one I had submitted worked. My lawyer has filed numerous cases where submitting BC from embassy has worked fine.

                          Comment


                          • #14
                            Birth certificate from consulate works ......

                            Birth certificate from Consulate works


                            Received email this morning
                            This case has been approved. On September 30, 2004, an approval notice was mailed. If .....

                            Approooved RD Oct 2003

                            I am extremely happy and surprised to get the email this morning.
                            I did not have the birth certificate. Got it from Consulate which mentioned
                            "On the basis of passport....... "
                            Going thru this forum, I was a bit tensed bcos everywhere it said that birth certificate from consulate is not of much help. But took a chance....For me it worked. May be I am one of the lucky guys.....

                            WAC04022XXXX Approooooved ..........no RFE

                            LC applied Oct 2001
                            LC approved Aug 2003

                            I140/485 RD Concurrent EB2 Oct 2003
                            EAD/AP Jan 2004
                            FP Apr 2004
                            I140/485 AD Sep 30, 2004


                            Good luck guys .....I wish everyone good luck in their pursuit of GC..

                            Comment


                            • #15
                              Birth Certificate

                              I also know one of my friends who used birth certificate from the hospital accompanied by affidavits from parents. That worked too for him....

                              May be he was lucky too.....

                              ----------------------------------------------------
                              LC applied Oct 2001
                              LC approved Aug 2003

                              I140/485EAD/AP RD Concurrent EB2 Oct 2003
                              EAD/AP AD Jan 2004
                              FP Apr 2004
                              I140/485 AD Sep 30, 2004

                              Comment


                              • #16
                                DOB diffrence in birth cert and passport

                                My passport has different date of birth from my bith certificate..
                                How I correct that use for GC..

                                Thanks
                                ss

                                Comment


                                • #17
                                  Which one is your correct date of birth? BC or passport?
                                  If passport is wrong, get a new passport with corrected DB. Contact nearest consulate.
                                  If BC is wrong, request a new BC with correct date from where it has been issued.

                                  Comment


                                  • #18
                                    siva user,

                                    How did u correct the issue.

                                    I have the same problem for my wife.
                                    she got a RFE and not understanding how to address the issue. Municpality is saying they cannot issue with the date on passport or SSC.

                                    thanks
                                    Parshu

                                    Comment


                                    • #19
                                      Not sure how to correct.
                                      Municipality will not change the Birth certificate. Another option is to ask passport officials..

                                      Comment


                                      • #20
                                        Originally posted by sivauser
                                        Not sure how to correct.
                                        Municipality will not change the Birth certificate. Another option is to ask passport officials..
                                        In that case, I would recommand you to submit affdavits from your parents. Also, if you have school leaving certificate (and your DOB is mentioned there), you can provide that one as secondary proof.
                                        Do you have any hospital record for your birth? If you have submit that one too.
                                        Also, write a letter explaining that the record Municipal has is incorrect one.

                                        Comment

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