Birth Certificate RFE

G

GCWhenGC

Registered Users (C)
I-485 - Nov 2002
AT the time of applying I485. i submitted a Birthcertificate from municipal corporation with my name issued in 2002.
now my RFE from INS is as follows.

The documentation submited is not sufficient to warrant favorable consideration of your petition/application. the following information is also required:
The documents you submitted as evidence of your birth were executed so long after the fact they are attesting to that they are considered hearsay evidence. therefore you must submit other documentary evidence.
Submit any secondary evidence in your possession to support the information you have provided about your birth and parentage. Secondary evidence will be evaluated for authenticity and credibility.Such evidence may include, but is not limited to, medical records, school records, and religious documents. afficavits may also be accepted provided that they are sworn to by persons who were born at the time of an who have personel knowledge of the event to which to which they attest.


My question is,
Can i submit my SSC certificate or do i need an affidavit from my parents?
what are the chances of INS accepting this secondary evidence?
my attorney is not an indian, whatever info i submit will be crucial.
your feedback will be helpful for me.

Thanks
:rolleyes:
 
Send them as many documents as you can. Include copies of all the school records, medical records and any other document that has your DOB listed. They are only looking for a secondary evidence to support your birth certificate. Your SSC certificate, being issued much earlier than the birth certificate you provided them, should certainly help. Also, definitely send a couple of affidavits from your parents or anybody in your family who can confirm your DOB.
Its in your best interest to send more documents, if they find any of them unacceptable the others will help.

CMR
 
CMR.,
Do i need to specify why was i taken birth certificate in 2002 from municipal corporation? i had a no-name birthcertificate from hospital at the time of birth.
thanks
 
I don't think unless CIS asks "Why ?", don't assume....There are more and more reasons people can get Birth Certificates after 20 or 30 years...like you may be misplaced in some place and requested for a duplicate copy...

If you have TC (Transfer Certificate of school/College), you could produce all.....
Also I would recommend you to talk to Indian Consulate in US, and try to find out whether they could help in any way or provided similar recommendation to other people in your situation...

Good Luck !
 
Recently my wife got a RFE for birth certificate. Her name was not present on her birth certificate. We provided that nameless ceriticate with I485 application. Then she got RFE. We provided two affidavits from her parents and she was approved soon after that.

I think following two documents will work for your case:

1. Two affidavits from parents/uncles/aunts (notorized on Rs 10.00 stamped papers).

2. High school certificate where your DOB is mentioned.

For affidavit format, chck this site:
http://www.immihelp.com/gc/aos/birth_affidavit.html

lc2003,
Normally a proper birth certificate has three dates
1. the date of birth
2. the registration date (the date when the birth record was registered to authority)
3. issue date (the date when this certificate is issued).

The officer is did not question about "issue date". Issue date can be any date (because we can request for cerificate to proper authority anytime as long as they have record). He/she questioned about the registration date. I guess one of these date information is missing in GCwhenGC's brith certificate. Or probably the adjucating is too picky.
 
Last edited by a moderator:
I think you will need to submit Affadavits from both of your parents. Check with your lawyer. I was in the same situation and my attorney advised me to submit Affadavits from both of my parents. I got approval last week.

GCWhenGC said:
I-485 - Nov 2002
AT the time of applying I485. i submitted a Birthcertificate from municipal corporation with my name issued in 2002.
now my RFE from INS is as follows.

The documentation submited is not sufficient to warrant favorable consideration of your petition/application. the following information is also required:
The documents you submitted as evidence of your birth were executed so long after the fact they are attesting to that they are considered hearsay evidence. therefore you must submit other documentary evidence.
Submit any secondary evidence in your possession to support the information you have provided about your birth and parentage. Secondary evidence will be evaluated for authenticity and credibility.Such evidence may include, but is not limited to, medical records, school records, and religious documents. afficavits may also be accepted provided that they are sworn to by persons who were born at the time of an who have personel knowledge of the event to which to which they attest.


My question is,
Can i submit my SSC certificate or do i need an affidavit from my parents?
what are the chances of INS accepting this secondary evidence?
my attorney is not an indian, whatever info i submit will be crucial.
your feedback will be helpful for me.

Thanks
:rolleyes:
Click to expand...
 
Affidavit from parents is a sure shot. Ask your parents to swear an affidavit on a Rs.10 non-judicial stamp, notarize it and fax it to you. You can photocopy the fax and submit it to uscis. The original can come in the mail later. If you have an e-fax you can print a copy and submit it. I think uscis will accept photo copies of any document.

My 2 cents. Good luck !
 
Hi,

I got exactly same RFE and I had submitted my SSC certificate along with the Original affidavits of my parents. SSC alone may not be sufficient as it has only father's name on it not mother's name. Mine got approved. Hope this helps
 
the date of registration has a date of 6-5-2002. it should have been 6-2-1973 (my birth date). thats where the officer has question.
Pl suggest
 
Same is the case with me. I had submitted SSC certificate with affidavits (original) from parents and case got approved in NSC. My date of birth was also registered in 2002 rather than immediately after date of birth. Let me know if you need anything
 
Your RFE was generated since the registration date is 2002. Your SSC certifcate supports as Secondary evidence but we do not what IIO would like to see, better submit both affidavits from 2 people and SSC certificate too.
 
Hi pamid123,

Can you please send me a copy of your Affidavit(Date of birth) to skarza@hotmail.com....i would be thankful to you and will greatly apprciate your help.

Thanks,
skarza
 
Very similar RFE on BC - pls help

Submitted a birth certificate obtained in 2001. This is just a one liner with just fathers name. Also submitted affadivits from both my parents.

RFE says:
***********
The documentation submitted is not sufficient to warrant favorable consideration of your petition/application. The following information is required.
You must submit a written statement from a competent civil authority in India that your birth certificate is not available in that country, only then your secondary evidence is considered.

Submit any secondary evidence in your possession to support the information you have provided about your birth and parentage. Secondary evidence will be evaluated for authenticity and credibility. Such evidence may take the form of historical evidence and must have been issued contemporaneously with the event which it documents. Such evidence may include, but is not limited to medical records, school records and religious documents. Affadivits may also be accepted provided that they are sworn to by persons who were born at the time of and who have personal knowledge of the event to which to which they attest. Any affidavits must contain the affiants full name and address, date and place of birth, relationship to the party on whose behalf they are attesting if any and complete details concerning how the affiant acquired knowledge of the even.
**********************************

My dilemma is that how to obtain a non-availability if a BC has already been issued in 2001 which is non-confirming to standards.

****
This is to certify that Mr. xyz S/O Mr. abc was born at dfd and his date of birth is xx/xx/xxxx.
**********

Pls help..
 
In my case

In my case they asked an additional evidence. My lawyer told me Affidavits are okay. So I made affidavits from my parents. I did not submit SSLC. However my lawyer did not submit the papers so I don't know whether I did the right thing.
 
GreenGuy said:
Submitted a birth certificate obtained in 2001. This is just a one liner with just fathers name. Also submitted affadivits from both my parents.

RFE says:
***********
The documentation submitted is not sufficient to warrant favorable consideration of your petition/application. The following information is required.
You must submit a written statement from a competent civil authority in India that your birth certificate is not available in that country, only then your secondary evidence is considered.

Submit any secondary evidence in your possession to support the information you have provided about your birth and parentage. Secondary evidence will be evaluated for authenticity and credibility. Such evidence may take the form of historical evidence and must have been issued contemporaneously with the event which it documents. Such evidence may include, but is not limited to medical records, school records and religious documents. Affadivits may also be accepted provided that they are sworn to by persons who were born at the time of and who have personal knowledge of the event to which to which they attest. Any affidavits must contain the affiants full name and address, date and place of birth, relationship to the party on whose behalf they are attesting if any and complete details concerning how the affiant acquired knowledge of the even.
**********************************

My dilemma is that how to obtain a non-availability if a BC has already been issued in 2001 which is non-confirming to standards.

****
This is to certify that Mr. xyz S/O Mr. abc was born at dfd and his date of birth is xx/xx/xxxx.
**********

Pls help..
Click to expand...

Does your BC has proper authority stamp? Does it mention registration date? Does it it mention issuing date? Does it specify properly the issuing location and authority at the top of the certificate?
As you mentioned your BC is one-liner, that's why I am aksing this question. A proper BC should have all the information I mentioned above. If one/some of them is/are missing, your BC authenticity will be in question. I don't think having only father's name (and not mother's name) is a issue here.
 
BC Authenticity?

You are right. My BC is a one liner just stating that I was born on xx/xx/xxxx at xyz place. It does not have the registration date. However the certificate has issue date as 2001 and signatures and seal from muncipal office..

It looks like INS is doubting the authenticity of the document. How should I proceed. Get a better BC or get a non-availability certificate and submit with affadivits. Fortunately I have my school certificates right from Kindergarten to 10th grade stating my DOB.

Please provide your input..

-GG
 
GreenGuy said:
You are right. My BC is a one liner just stating that I was born on xx/xx/xxxx at xyz place. It does not have the registration date. However the certificate has issue date as 2001 and signatures and seal from muncipal office..

It looks like INS is doubting the authenticity of the document. How should I proceed. Get a better BC or get a non-availability certificate and submit with affadivits. Fortunately I have my school certificates right from Kindergarten to 10th grade stating my DOB.

Please provide your input..

-GG
Click to expand...

Yes, you should try to get a BC with proper format. I am not sure which country you are from. If you are from India, the format is standard ALL over India - following the 1969 Marriage (and Birth) Act. All the municipalities/rural authorities should follow same standard. Try to get a proper BC. If they cannot provide that, try to get a non-availability certificate.
Hopefully you will be able to obtain one of them. If not, your last resort is your school certificate(s). Whether you get BC/NAC or not, attach your school certifcates with RFE reply anyway.
 
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