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Birth Certificate Unavailable / Affidavit for I-485

Discussion in 'Frequently Asked Questions – I-485 FAQ' started by gcwait2002, Sep 27, 2004.

  1. gcwait2002

    gcwait2002 Registered Users (C)


    I don't have a birth certificate and I had sent 2 affidavits (Signed my parents in Rs 10 Stamp Paper and notarised) to our attorney for review. Below is the response from the Immigration Specialist. Is this valid or not? I just have a few months (4 months) in my H1 and i'm wondering whether it is a must to get it from the local magistrate.

    "Because you were both born after the time that registration of birth was required(1970), we will need either a copy of your birth certificates or an affidavit from the local magistrate indicating birth certificates are not available."
  2. fast_gc_seeker

    fast_gc_seeker Registered Users (C)

    if u dont have BC u can submit affidvait from ur parents having ur name
    and eact birthdate and also submit a non-availibilty certificate.
    u can also have lets say ur uncles name included in affidvait
    stating ur name and DOB. There are many forums here which can
    give u a format if needed.

    Hope this helps.
  3. gcwait2002

    gcwait2002 Registered Users (C)

    Hi fast_gc_seeker,
    Thanks for the response. Regarding the non-availabilty certificate, where would one get it? Can you give more details on this?

  4. fast_gc_seeker

    fast_gc_seeker Registered Users (C)

    On the affidvait you can also mention that BC was not made when u
    were born as it was not mandatory that time or not available that time
    hence this affidvait.
  5. fast_gc_seeker

    fast_gc_seeker Registered Users (C)

    sample of affidvait when birth was never registered

    here is sample of affidvait when birth was never registered.
    Seshaadhri likes this.
  6. coolman

    coolman Registered Users (C)

    You can birth certificate from embassy

    Just get a birt certificate from embassy. they issue it based on your birth date on the passport. that worked just fine for me.
  7. fast_gc_seeker

    fast_gc_seeker Registered Users (C)

    absolutely wrong...there are many instances where BC issued by
    embassies r not accepted.
  8. waitin_toolong

    waitin_toolong Registered Users (C)

    u will go to the municipality of ur birth city, where u would have registered ur birth in normal case, and get the non-availability certificate from there.

    www.yourmaninindia.com is a website that claims to do that for some fee. I have not used it neither do i know anyone who has, but have seen it cited on these forums.

    but if ur parents live in or close to ur city of birth then it just involves 1-2 visits to the tehsil/municipality office.
  9. Tim_h

    Tim_h Registered Users (C)

    certificate of non-availability of Birth certificate..

    Hello gcwait2002/wait_toolong/fast_gcseeker,

    Can you guys tell me where i can find a format for the non-availability certificate. I have affidavits from my parents on 20 Rs stamp paper stating birth was not registered. But I guess we need a local magistrate to confirm that birth certificate is not available.

    Many thanks,
  10. fast_gc_seeker

    fast_gc_seeker Registered Users (C)

    Tim, the file uploaded by me earlier in this thread is what u want.
  11. gcwait2002

    gcwait2002 Registered Users (C)

    Hi Tim,
    Attached is the doc which i rcvd from my attorney. Currently, I have the affidavit from my parents. Recently USCIS has been asking for the "Non-Availability Certificate". So, i have asked my Dad to get it from the municipal office of my birth place.

    USCIS requires,

    1. Birth Certificate [OR]
    2. Two affidavits + Non-Availability Certificate.

    The Non-Availability Certificate requirement is on a case to case basis. Some attorney's are fine with just the affidavits, but some ask for both affidavits and Non-availability Certificate.
    Last edited by a moderator: Sep 30, 2004
  12. Tim_h

    Tim_h Registered Users (C)

    Thanks a tonne - gcwait!. I really appreciate your help.
  13. coolman

    coolman Registered Users (C)

    why do you say that?

    the one I had submitted worked. My lawyer has filed numerous cases where submitting BC from embassy has worked fine.
  14. anupjethra

    anupjethra Registered Users (C)

    Birth certificate from consulate works ......

    Birth certificate from Consulate works

    Received email this morning
    This case has been approved. On September 30, 2004, an approval notice was mailed. If .....

    Approooved RD Oct 2003

    I am extremely happy and surprised to get the email this morning.
    I did not have the birth certificate. Got it from Consulate which mentioned
    "On the basis of passport....... "
    Going thru this forum, I was a bit tensed bcos everywhere it said that birth certificate from consulate is not of much help. But took a chance....For me it worked. May be I am one of the lucky guys.....

    WAC04022XXXX Approooooved ..........no RFE

    LC applied Oct 2001
    LC approved Aug 2003

    I140/485 RD Concurrent EB2 Oct 2003
    EAD/AP Jan 2004
    FP Apr 2004
    I140/485 AD Sep 30, 2004

    Good luck guys .....I wish everyone good luck in their pursuit of GC..
  15. anupjethra

    anupjethra Registered Users (C)

    Birth Certificate

    I also know one of my friends who used birth certificate from the hospital accompanied by affidavits from parents. That worked too for him....

    May be he was lucky too.....

    LC applied Oct 2001
    LC approved Aug 2003

    I140/485EAD/AP RD Concurrent EB2 Oct 2003
    EAD/AP AD Jan 2004
    FP Apr 2004
    I140/485 AD Sep 30, 2004
  16. sivauser

    sivauser New Member

    DOB diffrence in birth cert and passport

    My passport has different date of birth from my bith certificate..
    How I correct that use for GC..

  17. pralay

    pralay Registered Users (C)

    Which one is your correct date of birth? BC or passport?
    If passport is wrong, get a new passport with corrected DB. Contact nearest consulate.
    If BC is wrong, request a new BC with correct date from where it has been issued.
  18. parshu

    parshu Registered Users (C)

    siva user,

    How did u correct the issue.

    I have the same problem for my wife.
    she got a RFE and not understanding how to address the issue. Municpality is saying they cannot issue with the date on passport or SSC.

  19. sivauser

    sivauser New Member

    Not sure how to correct.
    Municipality will not change the Birth certificate. Another option is to ask passport officials..
  20. pralay

    pralay Registered Users (C)

    In that case, I would recommand you to submit affdavits from your parents. Also, if you have school leaving certificate (and your DOB is mentioned there), you can provide that one as secondary proof.
    Do you have any hospital record for your birth? If you have submit that one too.
    Also, write a letter explaining that the record Municipal has is incorrect one.

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