Birth Certificate Unavailable / Affidavit for I-485

[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."

[fast_gc_seeker]

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.

[gcwait2002]

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.

[fast_gc_seeker]

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.

[fast_gc_seeker]

here is sample of affidvait when birth was never registered.

[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.

[fast_gc_seeker]

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.

[waitin_toolong]

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.

[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.

[fast_gc_seeker]

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.

[gcwait2002]

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.

[Tim_h]

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

[coolman]

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.

[anupjethra]

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..

[anupjethra]

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

[sivauser]

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

Thanks
ss

[pralay]

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.

[parshu]

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

[sivauser]

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

[pralay]

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.

[msd_gc]

Hello guys:

I have a birth certificate with the following:
1. Its in my native Language (Marathi).
2. Does not have my name on it, but has my Father's name and date.

Meanwhile I also have a "Certificate of Age and Domicile" issued by the sate of Maharashtra which give my place and date of birth.

Q1 - Can I use Age/Domicile certificate instead of Birth Certificate ?
Q2 - If not ... I will have to translate my Birth Cert from Marathi to English - Can you suggest a reliable translator who can do it for me ?
Q3 - I am planning to get an affidavit from my parents - what are the important things that I should be careful of when preparing this affidavit ?

Thanks,

[msd_gc]

Originally Posted by msd_gc

Hello guys:

I have a birth certificate with the following:
1. Its in my native Language (Marathi).
2. Does not have my name on it, but has my Father's name and date.

Meanwhile I also have a "Certificate of Age and Domicile" issued by the sate of Maharashtra which give my place and date of birth.

Q1 - Can I use Age/Domicile certificate instead of Birth Certificate ?
Q2 - If not ... I will have to translate my Birth Cert from Marathi to English - Can you suggest a reliable translator who can do it for me ?
Q3 - I am planning to get an affidavit from my parents - what are the important things that I should be careful of when preparing this affidavit ?

Thanks,

Somebody Please Answer ...

[nkm-oct23]

Originally Posted by msd_gc

Somebody Please Answer ...

Certificate of age and domicile is NOT a birth certificate. You will need the official birth certificate issued by the birth registering authority.

Any notary in your hometown can do the translation.

If your birth certificate does not have your name on it you will need separate affidavits from both parents. The affidavits should specify your date and place of birth and their relationship to you (father, mother, etc.) and should be notarized.

[naggi]

I got my non availability of birth certificate from local municipal authorities of my birth city in India through www.yourmaninindia.com
It takes around 2 months to get it done.

Originally Posted by waitin_toolong

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.

[sam_reddy]

I have BC, but it does not have my name anywhere. It has parents names, date of the birth.

As we all know, in India , we do not decide names at the birth time.

Will I get any rfe on this, or do you want me to submit any affidavits.

[dev72]

Hi,

can someone please help me in this question, I got RFE for my wife and they need birth certificate with both father/mother name . We have original birth certificate with Father name only so what should be do ? Should we submit affidavit from mother & father side including both the name ?

[greencardin2005]

My birth certificate is not in English. It is in our regional language.
How do I get it translated here in the US ? Does it need to be notarized ?

Please advice.

[485issue]

Hi. Me & my spouse submitted birth certificate from the local municipality where we were born. But now we got a query to submit hospital records with the child name and parents name. Also they asked us to submit medical records of the child with parents name. We do not have medical records in India. So how do I go about the process. They have asked me for school records for which i am submitting and also 2 affidavits of my relatives proving our birth. Kindly advise how to answer for the first 2 queries of birth records from hopital and medical records.

[greencardin2005]

hi 485issue,
Did your birth certificate mention BOTH the fathers and mothers name ?

Originally Posted by 485issue

Hi. Me & my spouse submitted birth certificate from the local municipality where we were born. But now we got a query to submit hospital records with the child name and parents name. Also they asked us to submit medical records of the child with parents name. We do not have medical records in India. So how do I go about the process. They have asked me for school records for which i am submitting and also 2 affidavits of my relatives proving our birth. Kindly advise how to answer for the first 2 queries of birth records from hopital and medical records.

[485issue]

Hi green card.Yes the municipality birth certificate did mention both the parents name. But it was registered in 2004. Now they want a very old proof mentioning both parents name. Is there a way to acquire in India old medical records or how do i present medical records?