Gurus, Need Help! 485-RFE-Birth Cert

[skash]

Gurus, Please Help!

My DOB is shown incorrect on the original birth certificate. I showed it to the lawyer and the lawyer suggested we could submit the affidavits from family and suggesting the birth certificate is not available. Figures out they sent both- wrong birth certificate and the affidavits(saying birth cert. is not available!)
Received an RFE asking for additional evidence of birth(hospital records, church records, census records etc.) I don't have any of these..
Wondering what other documents I could submit?School Marksheets?
Would a birth certificate from the consulate help?

 

[hanging in here]

Somewhere in the forum there is discussion on pros and cons of submitting birth certificate from the consulate. But since you have no hospital records, church records, etc, that may be something you might consider IF it lists the correct birthdate. Some school records with your birthdate should definitely help. The general idea is the older the document, the better, from the perspective of the CIS. Good luck!

 

[pralay]

Received an RFE asking for additional evidence of birth(hospital records, church records, census records etc.) I don't have any of these..
Wondering what other documents I could submit?School Marksheets?
Would a birth certificate from the consulate help?

If you have school leaving certificate that contains your DOB, you can send that (people who came from India normally have DOB on their school leaving certificates).

In general, consulate birth certificate does not work.

 

[skash]

Thanks guys! Your inputs are really appreciated. I do have the 10th grade certificate which does have the correct DOB. Also thinking of submitting the Indian voter ID card copy, driver's licence copy(since those were issued 5-10 years ago.). Wonder if these documents will be of any help?

 

[msstl]

Since the lawyer have sent the DOB certificate and the affidavits and both of them have different DOB. Now which DOB you are trying to prove is correct.

If you are trying to prove the affidavits have the correct DOB, then what about the DOB certificate. Even if you forget about the DOB certificate, you have to produce non avaliability certificate, which will be impossible to get as you already have the DOB certificate.

Try to get better immigration lawyer.

My friend had the similar situation, DOB on DOB certificate and other documents didn't match. he was unable to obtain the non avaliability certificate so the lawyer suggested that USICS knows about the fact that some people have wrong DOB in thier passport and therefore they want the DOB certificate or non avaliability certificate. Certificate from Indian Embassy is not good for this purpose.

he put his DOB as was in his DOB certificate and his parents provided the affidavit saying the date in DOB certificate is correct. he got his passport and other documents corrected.

I suggest, you talk to good immigration lawyer and he will be able to help you better.

 

[pralay]

Thanks guys! Your inputs are really appreciated. I do have the 10th grade certificate which does have the correct DOB. Also thinking of submitting the Indian voter ID card copy, driver's licence copy(since those were issued 5-10 years ago.). Wonder if these documents will be of any help?

Yes, you can send voter ID, Indian DL too. They can help as secondary proofs.

 

[pralay]

If you are trying to prove the affidavits have the correct DOB, then what about the DOB certificate. Even if you forget about the DOB certificate, you have to produce non avaliability certificate, which will be impossible to get as you already have the DOB certificate.

Birth certificate is incorrect. As he has incorrect certificate, he does not need non-availability certificate. All he needs some secondary proofs that establishes that parent's affidavits are true and correct.
The RFE clearly states "additional evidence of birth". That indicates USCIS is not looking for corrected birth certificate or non-availability certificate.

Try to get better immigration lawyer.

Bad idea at this jucture. It's not a very serious RFE. If he sends secondary proofs probably he will be approved within a week. No point of wasting time to find a new attorney.

My friend had the similar situation, DOB on DOB certificate and other documents didn't match. he was unable to obtain the non avaliability certificate so the lawyer suggested that USICS knows about the fact that some people have wrong DOB in thier passport and therefore they want the DOB certificate or non avaliability certificate. Certificate from Indian Embassy is not good for this purpose.

Actually your friend needed a good attorney. Your friend should have provided affidavits from parents at the very beginning - while applying for I-485.

 

[msstl]

What if the DOB in the birth certificate is earlier than the DOB in his passport and other documents. How that can be possible. In india, everything is based on 10th grade certificate and often people put different date for so many reasons.

If the DOB in the birth certificate is later than the DOB in the passport then you can argue that the DOB certificate is not correct. (but if asked to get the DOB certificate corrected, then I believe it will be very difficult, if not impossible)

Your lawyer sent an affidavit from your parents stating "DOB certificate is not avaliable" and ALSO sent the DOB certificate along with it. I dont think any competent lawyer will do that.

I will still recommend consulting a good immigration lawyer.

 

[achauhan]

I just received an RFE today on mine as well as my wife's 485. Its for a secondary evidence of birth certificate, as the birth certificate that we submitted is a late registration.
What kind of documents can I submit in this case?
10th grade certificate and affidavit from friends and relatives are few options. Any other options?
Also, does someone one has a format for the affidavit?

Thanks in advance

 

[pralay]

What if the DOB in the birth certificate is earlier than the DOB in his passport and other documents. How that can be possible. In india, everything is based on 10th grade certificate and often people put different date for so many reasons.

Even USCIS very much aware that Indian passport DOB is based on 10th grade certificate. And in India, 10th grade certificate is considered equivalent of birth certificate. If someone put wrong DOB in school certificate (hence passport) for "so many reasons" that's his/her problem. In general USCIS accepts 10th grade certificate as "secondary proof" or "additional evidence".

On the other hand, a birth certificate can be incorrect like any other document produced by human. So, if birth certificate is wrong, then it's wrong. Period.

If the DOB in the birth certificate is later than the DOB in the passport then you can argue that the DOB certificate is not correct. (but if asked to get the DOB certificate corrected, then I believe it will be very difficult, if not impossible)

You logic does not have any logic. If my parent and I know what my correct DOB is and any document says different, then the document is incorrect. It really does not matter what document is "later" and what is "earlier". The very concept of "affidavit of birth" due to this reason - if birth certificate is not available or it is incorrect, providing alternate document in the form of affidavits.

Your lawyer sent an affidavit from your parents stating "DOB certificate is not avaliable" and ALSO sent the DOB certificate along with it. I dont think any competent lawyer will do that.

Not sure why he did that, but at this moment I feel it worked. USCIS did not ask for non-availablity certificate (by assuming birth certificate issued by the local authority inaccurate). Instead USCIS asked for "additional evidence" (which is lot easier than providing non-availiblity certificate).

 

[pralay]

I just received an RFE today on mine as well as my wife's 485. Its for a secondary evidence of birth certificate, as the birth certificate that we submitted is a late registration.
What kind of documents can I submit in this case?
10th grade certificate and affidavit from friends and relatives are few options. Any other options?
Also, does someone one has a format for the affidavit?

Thanks in advance

If you are from India, 10th grade certificate can be most reliable form of document as "secondary proof". Any other kind of official document that has DOB and atleast one of the parents name can be used as secondary proof. For example, birth record from hospital, census record, ration card.

For affidavit of birth format:
http://www.immihelp.com/gc/aos/birth_affidavit.html

 

[hanging in here]

I just received an RFE today on mine as well as my wife's 485. Its for a secondary evidence of birth certificate, as the birth certificate that we submitted is a late registration.
What kind of documents can I submit in this case?
10th grade certificate and affidavit from friends and relatives are few options. Any other options?
Also, does someone one has a format for the affidavit?

Thanks in advance

In my case, I had two affidavits (my parents back home), but many people use three (e.g. parents + a relative) based on their lawyers' advice.

 

[achauhan]

Thanks for the response guys.
I'll get those affidavits from India asap.
Do they have to be notarized by some one?

Thanks in advance.

 

[pralay]

Thanks for the response guys.
I'll get those affidavits from India asap.
Do they have to be notarized by some one?

Yes, they need to be notorized on Rs. 10 stamp papers.

 

[achauhan]

Thanks for the info Pralay and others.

 

[msstl]

Even USCIS very much aware that Indian passport DOB is based on 10th grade certificate. And in India, 10th grade certificate is considered equivalent of birth certificate. If someone put wrong DOB in school certificate (hence passport) for "so many reasons" that's his/her problem. In general USCIS accepts 10th grade certificate as "secondary proof" or "additional evidence".
On the other hand, a birth certificate can be incorrect like any other document produced by human. So, if birth certificate is wrong, then it's wrong. Period.

It seems like secondary evidence along with affidavits are not enough, when you have wrong DOB in the birth certificate. And definately 10th grade certificate is NOT considered equivalent of birth certificate. otherwise no here will have any problem. PLEASE DO NOT MISGUIDE.

http://boards.immigrationportal.com/showthread.php?t=183854

 

[pralay]

It seems like secondary evidence along with affidavits are not enough, when you have wrong DOB in the birth certificate. And definately 10th grade certificate is NOT considered equivalent of birth certificate. otherwise no here will have any problem. PLEASE DO NOT MISGUIDE.

http://boards.immigrationportal.com/showthread.php?t=183854

Don't put your own word in my mouth. I never said 10th grade is certificate is "equivalent". They are just secondary evidence. I never claimed that 10th grade certificate is going to solve all problem. As I said and repeat - it's just secondary evidence (if you understand the meaning of "secondary evidence"). I am not misguiding. You have problem of misinterpreting.

In the thread you have provided, USCIS just asking for farther evidence. That's pretty much. Nothing more, nothing less. Now, there are many ways to establish that - as the the original posting of this thread mentioned -
hospital record, census record, church record etc. Only difference is that in that case adjucator specifically asked for early childhood records.

 

[msstl]

Don't put your own word in my mouth. I never said 10th grade is certificate is "equivalent". They are just secondary evidence. I never claimed that 10th grade certificate is going to solve all problem. As I said and repeat - it's just secondary evidence (if you understand the meaning of "secondary evidence"). I am not misguiding. You have problem of misinterpreting.

In the thread you have provided, USCIS just asking for farther evidence. That's pretty much. Nothing more, nothing less. Now, there are many ways to establish that - as the the original posting of this thread mentioned -
hospital record, census record, church record etc. Only difference is that in that case adjucator specifically asked for early childhood records.

If the Birth certificate has different date than in passport and other documents. It is still a big problem no matter what documents you provide, including the affidavits and what the affidavits say. There are many posts where people had bad experiences inculding the thread I posted in my earlier post.

10th grade certificate does not have any value here. There might be few lucky people, who got their GC with 10th grade cert + affidavits + wrong birth cert (although havn't seen any posting of such case). but I have seen many post where people got in trouble by stating that the birth cert has wrong date and the date in 10th grade cert and passport is correct. On the other hand, many people got approved even without an RFE by sticking to the DOB mentioned in birth cert including my friend. one such person is
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=6274010912&m=706103006
http://murthyforum.atinfopop.com/4/...=3274000912&m=367107017&r=154102117#154102117

There are many people, who say birth cert from embassy worked for them, does it mean it is acceptable by USCIS. I guess not, if you are lucky, it may work otherwise you will be in trouble. Why take chances

 

[pralay]

If the Birth certificate has different date than in passport and other documents. It is still a big problem no matter what documents you provide, including the affidavits and what the affidavits say. There are many posts where people had bad experiences inculding the thread I posted in my earlier post.

10th grade certificate does not have any value here. There might be few lucky people, who got their GC with 10th grade cert + affidavits + wrong birth cert (although havn't seen any posting of such case). but I have seen many post where people got in trouble by stating that the birth cert has wrong date and the date in 10th grade cert and passport is correct. On the other hand, many people got approved even without an RFE by sticking to the DOB mentioned in birth cert including my friend. one such person is
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=6274010912&m=706103006

There are many people, who say birth cert from embassy worked for them, does it mean it is acceptable by USCIS. I guess not, if you are lucky, it may work otherwise you will be in trouble. Why take chances

Yes, wrong birth certificate is a problem. And there is only one perfect solution to it - correcting birth certificate.

Whatever your friend did is nothing but a workaround - providing false information just make his green card process smooth. Many people would not want to do it - changing date of birth alltogether to make life easier.

If someone has incorrect birth certificate, but used his/her real birth date all along in various events of past life (e.g school certificate, passport, various non-immigrant visa applications, SSN, DL), it's always better to correct birth certificate, if possible, and stick to real date of birth in every document. In my opinion, keep switching/changing date of birth for convenience (depending on what is easy and acceptable) is nothing but opening a potential pandora box.

Secondly, it's not true that 10th grade certificate has not value. Just read the very first posting of this thread - where USCIS itself mentioned that hospital records, school certificate, church records, cencus records can be provided as secondary proof. If there was no value, USCIS itself would not ask for these kind of documents. It's not a question of "luck", but what USCIS wants.

Lastly, embassy birth certificate is has no value because it's based on passport information - without any requirement of birth registration. That creates a chicken-egg situation because that passport information has to be based on some other document - for example, birth certificate.

 

[msstl]

Whatever your friend did is nothing but a workaround - providing false information just make his green card process smooth. Many people would not want to do it - changing date of birth alltogether to make life easier.

His birth cert. was correct. Why are you misinterpreting
Also I saw one post, where the the birth cert was off by 1 day. He submitted affidavits + wrong birth cert. and was approved. For affidavits details, click the following link
http://boards.immigration.com/showthread.php?t=185150