Alternatively, if either or both parents are not living, then the missing affidavit(s) can be signed by any other close relative older than the applicant, who is not party to the application and who has direct knowledge of the birth event and circumstances. Two affidavits are required.
For those of us applying for our parents who were born 50, 60, 70 whatever years ago, this is a crazy and almost impossible requirement to fulfill. Finding a "close relative" who is older than our parents is NOT possible for most of us. Especially if your parents are from south asia you can be sure either your parents will have no birth certificate or the chances are they will have no other document that satisfies the secondary proof requirements.
I am in this predicament right now. My parent has no close relatives older than them that can write an affidavit. My parent has one younger sister only. Both parents and only aunt (of my parent) are deceased. So who is supposed to write the affidavit? On top of that my parent has been living in the States since 1998 and has no connection, or ties to the home country. Getting a "Certificate of Non-Availability" from a south asian country while in the States is a joke. How am i supposed to get that? I have no one in my immediate family who lives in the home country that can help me with this issue. I don't understand why the USCIS does not accept the birth date on the passport -- surely they know this issue well??
Did any of you face this as I am and if so, what if anything did you do? Please share...
8 CFR 103.2
(b) Evidence and processing. (1) Demonstrating eligibility. An applicant or petitioner must establish that he or she is eligible for the requested benefit at the time of filing the benefit request and must continue to be eligible through adjudication. Each benefit request must be properly completed and filed with all initial evidence required by applicable regulations and other USCIS instructions. Any evidence submitted in connection with a benefit request is incorporated into and considered part of the request.
(2)
Submitting secondary evidence and affidavits —
(i) General. The non-existence or other unavailability of required evidence creates a presumption of ineligibility. If a required document, such as a birth or marriage certificate, does not exist or cannot be obtained, an applicant or petitioner must demonstrate this and submit secondary evidence, such as church or school records, pertinent to the facts at issue. If secondary evidence also does not exist or cannot be obtained, the applicant or petitioner must demonstrate the unavailability of both the required document and relevant secondary evidence, and submit two or more affidavits, sworn to or affirmed by persons who are not parties to the petition who have direct personal knowledge of the event and circumstances. Secondary evidence must overcome the unavailability of primary evidence, and affidavits must overcome the unavailability of both primary and secondary evidence.
(ii) Demonstrating that a record is not available. Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where USCIS finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.
(iii) Evidence provided with a self-petition filed by a spouse or child of abusive citizen or resident. The USCIS will consider any credible evidence relevant to a self-petition filed by a qualified spouse or child of an abusive citizen or lawful permanent resident under section 204(a)(1)(A)(iii), 204(a)(1)(A)(iv), 204(a)(1)(B)(ii), or 204(a)(1)(B)(iii) of the Act. The self-petitioner may, but is not required to, demonstrate that preferred primary or secondary evidence is unavailable. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of USCIS.
(3) Translations. Any document containing foreign language submitted to USCIS shall be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator's certification that he or she is competent to translate from the foreign language into English.
(4) Supporting documents. Original or photocopied documents which are required to support any benefit request must be submitted in accordance with the form instructions.
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These regulations are the basis of the form instructions on the same topics..........
