A130 Denied - 30 Days to Appeal - Advice Required

S

sanjluv

New Member
Hi,

I filed I-130 form for my mother in August 2008, I submitted my birth certificate that was issued by the Indian Consulate in San Franciso along with the application.

I don't have a birth Certificate issued by civil authorities as I was born in 1966.

I got an RFE in Jan 2009 to provide my birth certificate, to this affect I sent them a copy of birth record issued by the nursing center from 1966.

I have now received a denied notice and have 30 days to appeal. Has anyone has this happen to them? If so what should my next step be?

I am thinking of hiring an immigration lawyer and trying to bet my BC from Mumbai, India.

To make matters worst, my mother was born in Pakistan but an Indian citizen now and does not have a BC or school leaving certificate. Which document will suffice in lieu of her BC? Will the BC issued by Indian Consulate work in her case or should I try an get a BC not available from India. Please advice.

Thanks in advance for your help.
 
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Did they specify the reason for denial?

And is it impossible to obtain her birth certificate from the location in Pakistan where she was born?
 
Jackolantern,

The reason for denial is :

The information provided i.e. nursing home registration and birth certificate issued by Indian consulate general are not primary evidences and do not come from the governmental authority where the petitioner was born.

Other documents provided are secondary evidence and unless these documents are supported by other direct, objective and corroborative evidence are not deemed credible documentary evidence.

It will be impossible to obtain her birth certificate from her birth location in Pakistan at this time. What would be an alternate form of BC that USICS will accept?

Thanks for your help.
 
you will need two things incase if birth certificate is not available.

1) An afidivate from two perosn who was present when your mother was born

2) Certificate of Govt Authority like Gram Panchayat or village that they do not have birth record and reason why they do not have birth record.

Also make sure you get you get item # 2 from place of birth mentioned in passport.


I think Registration of birth required by law was made in 1970
 
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