Birth Certificate - Non Availability

miamilover

Registered Users (C)
Hi

I have applied GC for my parents and we received a inquiry for birth certificate. My parents don't have a birth certificate and hence we submitted a Attestation on a Stamp paper (India) by our uncle(s). However, the consulate has asked for a "Non-availability" certificate.

India govt offices are always slow and due to elections they have come to halt. Is there any other document acceptable? School docs are not available.
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The document from USCIS states this:
Submit a copy of the applicant's foreign birth certificate issued by the appropriate civil authority. If the document is in a
- language other than English, you must submit a copy of the foreign language document and an English translation.
If the birth certificate is not available, per Title 8 Code of Federal Regulations, Section 103.2(bx2xii), you 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." If your birth certificate is not available, please submit acceptable secondary evidence including but not limited to church or school records listing your parents' names and your date of birth, hospital records of your birth, etc.

See the Department of State's Foreign Affairs Manual found online at http://www.state.gov/ for more information on acceptable
birth records for people born outside the United States.

For more specific information, see Form I-485 instructions, page 3, "2. Birth certificate." For the most current version of Form
I-485 including the instructions, go to "Immigration Forms" at http://www.uscis.gov or call (800) 870-3676.
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www.state.gov states the following:
Unobtainable birth certificates

If your birth record is not obtainable for any reason, a certified statement must be obtained from the appropriate government authority explaining why your birth record is unavailable. You must also submit secondary evidence such as:

* A baptismal certificate that contains the date and place of birth, as well as both parents names (providing the baptism took place shortly after birth)
* An adoption decree for an adopted child
* An affidavit from a close relative, preferably your mother, stating the date and place of birth, both parents names, and your mother’s maiden name.

Note: An affidavit executed before an official authorized to take oaths or affirmations must also be provided. More specific information is available from the NVC.
 
Whose birth certificate is being asked for - your parents' or yours?

In absence of original birth certificate from a registrar of births, an original letter of non availability of birth certificate is mandatory. Along with this letter, 2 affidavits from close relatives are also required.
 
They have asked for Parents' birth certificates. USCIS also has given 87 days which should be sufficient, I hope. I will post later about the documents we are going to submit.
 
After battling for almost 2 months, we have got the Non-availability certificates from respective "Registrar for Births and Deaths". Surprisingly, I had sent by Priority Mail with signature required and PO Delivery person could NOT get a person to sign !! So they have left a notice with USCIS !! What incompetency from who, who knows !
EDIT - 4/26/2011 - USCIS signed for the docs in the evening.
 
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Hi,
We are in the same situation like yours, we were given 87 days to produce a non-availability certificate for my mother. She is an Indian Citizen but was born in Karachi in Undivided India. We have 35 days left. Could you please share on how you were able to obtain the non-availability certificate from the registrar of births and deaths.
 
We had a relative go to Registrar office daily. Expect to pay them - Rs 2000 to Rs 8000 just to make them do their job. The incompetent govt employees will keep saying tomorrow, next week etc. Suggest to directly contact the signature authority (Sub-Registrar or Registrar) and not go to low level employees. Make sure you can get in English, we were not allowed to see certificate and when we saw it was in LOCAL language !! Had to go back and beg again to get it in English.
 
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