Birth Certificate RFE

J

jsingh31

Registered Users (C)
BCIS sent back an RFE for my I 485 application at the Nebraska Service Center. Basically they are asking for the original birth certificate. I was born in 1972 in India, but I don't have the original birth certificate that was issued by the Municipal Corp. in the city of my birth. Probably was never registered. So far I have been using the birth certificate issued by the hospital where I was born, matriculation certificates, passport etc. as proof of birth date and age without any problems.

BCIS says none of these are valid. I had even sent two sworn and signed affadavits from my parents saying that the original birth certificate does not exist but BCIS turned those down as well saying that the affadavit must come from a 'Competent Govt. Authority" stating that the Birth cert. does not exist.

1. Who is a "competent govt. authority" in India ? (District Magistrate, Minister etc. ???) Who should I get it signed off from ?

2. Will a birth certificate issued by the Indian consulate/embassy suffice ? (I am assuming it will issued on behalf of the Indian govt. and should carry equal weight)

Any suggestions ?

Thanks
 
RFE for BC

You need to go the registrar of births and deaths and get a certificate. This Govt Authority gives you a certificate based on the hospital document.

Hope this helps.
Good luck







Note: This is just my opinion and not a legal advise.
 
jsingh31

Did you sumbit any certificate from any agency (municipality, panchayet, etc) stating that they do not have your BC, along with the affidavits?

This is something probably they are looking for..

just my 2 cents..
 
jsingh31 wrote...
2. Will a birth certificate issued by the Indian consulate/embassy suffice ? (I am assuming it will issued on behalf of the Indian govt. and should carry equal weight)


I don't think birth certificate issued by indian consulate in US is of any importance to you as indian consulate issue birth certificate based on information from your passport and they actually write this on the birth certificate. Something like "birth certificate issued based on the information from the passport"

Just my personal opinion. Check with your attorney.

Marthak
 
I had the same type of RFE and submitted

DOB Certificate from Indian Embassy and Affidavit from parents.

AD 1/23/04
 
Here is what I did -- I got my gc last week

1. get a NON_AVAILABILITY CERTIFICATE from the muncipal office where you were born

2. get two affidavits from each of your parent/uncle/aunt

I did that for my wife.. and she got GC

BTW... the certificate from consulate is useless....
 
For mani_paul

mani_paul,

You just submitted
1. DOB Certificate from Indian Embassy and
2. Affidavit from parents.

Didn't you submit Letter from Municipal Corp/Panchayat that your Birth Certificate does not exist?

I have submitted DOB Certificate from Indian Embassy while filing.
But now also got handy Affidavit from relatives(in case of RFE).
I was told in this forum that only affidavit will not work. it should accompany letter from GOVT body that it does not exist.

I think it is pure luck.

Also Was your affidavit typed neat and clean .
I got mine typed with old typewriter, bad letter etc.
Don't know what they are going to do.
 
jsingh31

1. Apply for Birth certificate at the Registrar of Births and Deaths at the place where your passport states you are born. If its not registered with them, they will issue you a 'Non-Availability' Certificate, which tells you that your Birth was not resgistered with them.
2. Take 2 affidavits from your parents or relatives stating that they are aware of your Birth as stated by your Passport.

Send the Non-Availability (copy) and Affidavits (Original, Notarized) back to INS.
This should clear the RFE.

Good Luck.
 
Getting a non-availabity certificate almost as as difficult or easy as the birth certificate itself. So make a choice.
I have submitted cert from embassy, in addition to parents etc. My embassy cert also said for people born before 1969 (my case)- the country did not have a system of issuing birth certificates.
I have not yet been approved or got an RFE yet.
HTH
 
Jsingh31,

1. When you approach Municipal Corporation for Birth Certificate, ask of Non-Availability Certificate. Affidavits of your parents and doctor/hospital records would support this document.

2. By any case, Do no register you Birth now. If you register your birth now, the registration date would be nearly 30 years after the birth date...., which will create more problems in explaining...
 
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