Birth Certificate related RFE

[kgvishal]

Hello:
I became a US Citizen in May and applied for my mother's green card in July. She is currently in US on B1 visa and was granted a 6 month stay on entry. As part of the application process, I sent forms I-130 and I-485.

I received a RFE for the I-485 from USCIS stating that they either need a birth certificate or a non-availability certifcate. Evidently, the birth affidavit that I included in the application is not enough to establish relationship between me and my mother. They have given us 87 days to respond but I was born in a remote part of North East India and don't have any relatives there who can help me with getting a birth certificate. I want to avoid going to India since there is no guarantee that I can get the certificate in a reasonable time frame.

For people on this forum, who may have experienced same/similar issue:

1) If I provide secondary evidence like my school certificate that has my date of birth and my marriage certificate that has my date of birth and my mother's name, will this be considered as sufficient evidence?

2) If USCIS does not make a decision before the 6 month window that she has on her B1 visa, can she extend her stay? How long can this stay be extended?

3) If the case is rejected, can she come back to US on her B1 visa in future or she won't be allowed entry again because she has immigration intentions?


Thanks for your help!

 

[nkm-oct23]

1) If I provide secondary evidence like my school certificate that has my date of birth and my marriage certificate that has my date of birth and my mother's name, will this be considered as sufficient evidence?

No. An official letter of non availability of birth certificate from the place where you were born is absolutely required. In addition 2 affidavits are also required. USCIS need clear documentation to prove that she indeed is your mother.

2) If USCIS does not make a decision before the 6 month window that she has on her B1 visa, can she extend her stay? How long can this stay be extended?
As long as the application is pending she is considered in legal status (she cannot extend her stay since she is no longer in B1/B2 status any more)

3) If the case is rejected, can she come back to US on her B1 visa in future or she won't be allowed entry again because she has immigration intentions?

Highly unlikely that she will be admitted again.