Birth Certificate Unavailable / Affidavit for I-485

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

  1. FETCH_GC

    FETCH_GC Registered Users (C)

    Hi Loti_GC:
    W.r.t to your question 1:
    Both the Non-Availability Certificate and the affidavits from parents/Uncle/Aunt can be submitted in copies. You don't have to submit them in original.

    W.r.t to your question 2:
    I think a copy of trustforte's translation (NY) should be fine.

    But as always check with your attorney to confirm as I did in my case and he okays it.

    Cheers
    Fetch_GC


     
  2. kiran_k02

    kiran_k02 Registered Users (C)

    Parent's Name Issue in Birth Certificate

    Wife's Birth Certificate Issues

    1) This BC was registered the same year as she was Born but Her Father's name is referenced as D.M.V.Naidu instead of his full name.

    2) Her BC lists her Mom's First Name but not her last name.

    Does these two issues mean that I need to submit two affidavits?, one from her mom and one from her Dad. Do I have to state anything in the affidavit, like Birth Certificate does not state her Parents names properly ?
     
  3. kiran_k02

    kiran_k02 Registered Users (C)

    I have a question for you, are you mentioning anything in the Affidavit? like "My birth certificate is registered recently instead of 1977".

    Thanks,
    Kiran
     
  4. vethalan

    vethalan New Member

    How to get the affidavits if the parents were in US on Tourist visa? I mean is it necessary that the affidavits to be in Indian Stamp paper or can it be notarized by a notary public here ?. I only have non-availability certificate.

    Any help in this regard is appreciated.
     
  5. miyp

    miyp New Member

    My wife have a birth certificate from the muncipality. The birth was registered soon after she was born and her parents named her before registration so there are no issues as far as late registration or "no name" is concerned. The only concern I have is that the birth certificate mentions only the first names of her and her mother although her father's full name is mentioned. Will this be a problem. The muncipalities in India register the birth in this manner, their explanation being that a child's full name is his/her first name followed by the father's full name. Similarly a married woman's full name is her first name followed by the husband's full name. I know this is not necessarily true in the USA. So I was wondering if this might be a problem.
    Is there anyone in this forum who had a similar situation and their certificate worked?

    Any insight on this will be greatly appreciated.
     
    Last edited by a moderator: Jun 28, 2007
  6. bharatpremi

    bharatpremi Registered Users (C)

    I think you can get affidavits made in USA and notarized as well. I would just insert one more sentence in those affidavits like 'Our permanent residence address in India is .......... and currently we are visiting our son/daughter in USA ......and will stay with him/her till ..'
     
  7. gopinath77

    gopinath77 New Member

    Birth Certificate Date

    Birth Certificate

    I have wrong birth date in my passport, Visa and all other records except my Birth certificate.


    I cannot change my records is that possible to change my Birth certificate date? ... difference is one day

    is that matter ??

    Please help.
     
  8. bharatpremi

    bharatpremi Registered Users (C)

    It should not be a problem. Though if that birth certificate is in any Indian language you will have to get it translated into English by public notary on Stamp paper (RS.10 or 20/-). And after the translation of the content of original content of original Birth Certificate, your notary MUST certify his act of "Translator" and notarize that as well. Format of "Certification of the transaltion" would be like ...

    'I ....... herby state and declare that I am fluent in the spoken, read and written English and "Indian Language" languages and fully competant to translate the attached document from "indian Language" to English. I have translated the attached " Indian Language" document to English and herebuy attest that translated document is true and accurate to the best of my ability.'

    Translator's Signature: Here your notary will stamp and sign

    Translator's Name: HERE YOUR NOTARY PUT HIS/HER NAME and date

    So, whole translated and notarized Document will look like as below.

    1) First part is "REAL translation" of your original birth certificate content into
    English
    2) Second part your notary's statement as a translator as mentioned above
    with his/her name,sign,date and notary stamp.
    3) Third and final part is your notary's statement as a "notary" that above
    translation is true and correct as per original Registered birth record. And
    after this statement your notary must stamp,date and sign again.

    Notes:

    1) In step 2 above any other person can also sign as translator. S/he does
    not have to be a " Notary" but step 3 part has to be a notary. In INdia,
    Notary can act both as translator and notary so why to bother other third
    person.

    2) Now in India, if you buy "Printed" stamp paper from any court, mostly it
    will have some content in the stamp which is in Indian language and so
    theoratically you also get it translated as well. So to avoid the hassle do
    not buy "Printed stamp paper" In staed go to any bank or dictrict court
    and buy 20 Rs stamps and stick them on to the blank paper. These
    separate stamps bought are in "English Only" so you will not have to worry
    about the more transaltion of the "Stamp content"
     
  9. junk2k6

    junk2k6 Registered Users (C)

    Weired issue folks. When I applied for passport, officer issued it wrote the district name as place of birth, overlooking the name of village [suppose to be (abcvillage, dist- xyz); that shows in passport as (xyz)only]. Now, I need a BC. Should get the right place of birth in BC, or try to cover up what I have already in my passport?
    Or, instead of getting new BC, should opt for BC issued from Indian Embassy in NYC and stick two affidavits from parents with my application?
    Thanks in advance.
     
  10. crao_a

    crao_a Registered Users (C)

    Hi junk2k6,
    I have the same issue. My passport has the (xyz)District name as my birth place instead of the Town I was born. But, when I apply in my Town's Municipality, they gave my birth certificate as "abc village Municipality of xyz District of state, India". So, I guess that will do with affidavits...is it not?
    Correct me if I was wrong!!!!!
     
  11. sathyaravi

    sathyaravi Registered Users (C)

    Hi Folks,

    I have a complicated birth certificate issue. Pls give some suggestions.

    I never needed a birth certificate or a hospital record in india and I completed my college and even got passport without it.Now as I am enquiring to get a non availability certificate from the concerned municipality , they are telling me to route the isse thru court i.e I need to approach the court and file that my birth was not registered and I need a non availability from the municipality after they perform the search on the records. Once the court issses that order only the municipality will search and issue a non availability it seems. and its going to take an year (atleast).
    How did u guys get a non availability. Pls let me know the procedure. Also in case, if I am not able to get the non availability how can I tackle this issue.

    I have got notorised affidivits of birth from my parents and uncle . should that be on a stamp paper? Kindly let me know.

    Also , if one submit a non availability certificate, will the USCIS question that how we got a passport without a birth certificate.

    Awaiting your suggestions.

    Thanks a lot.
     
  12. elmo

    elmo Registered Users (C)

    I got Affidavid' s from india. Everything in it is in English but the Stamp of the megistrate is in hindi. Is it going to be ok with uscis. Any suggestions...
    Thanks.
     
  13. gc_seeker_mp77

    gc_seeker_mp77 New Member

    Hi ,

    I am also in a similar situation for my wife. I am not able to get Non-availability from Kerela. Did you find any alternative ?

    Thanks

     
  14. akil

    akil Registered Users (C)

    non availability certificate

    Hello,
    My attorney said that if you are born before 1969 Indian consulate's will issue non availability certificate for birth as it was not mandatory to register birth before 1969 in India. When I enquired over the phone with Indian consulate - NY they said that they will issue one and I have to send the application form for miscellaneous request. So I send an application form to them and requested to issue non availability certificate for birth. There was a call from Indian consulate mentioning that they won't issue non availability certificate and they can issue me birth certificate based on my passport. I asked them to send my birth certificate. By that time I got non availability certificate from my place of birth in India. So applied with non availability birth certificate, two affidavits from my parents, birth certificate from Indian consulate. You can check with Indian consulate in your area and find out whether they will issue you non availability certificate. Best of luck.
    Akil
     
  15. chrisyan

    chrisyan Registered Users (C)

    Heys guys:

    Can anyone advise me. I was adopted after my 16th birthday. I sent my adoption certificate to USCIS but they are now requesting a copy of my BC before adoption. I am having problems getting that BC, in my country I would need to get a court order to obtain that BC. That is a long drawn out process and would not meet my RFE deadline. Any suggestions?
     
  16. ethin

    ethin Registered Users (C)

    Non availibility certificate from India for a Pakistani citizen

    Hi all,
    My situation is this.

    My mother was born in Bhai virji bai hospital on Mohamamd Ali Road in Mumbai, India April 14th 1947. After Partition, her family moved to Karachi, Pakistan and her parents and herself became Pakistani citizens.

    I am a US citizen who is in the process of sponsoring my mother for US permanent residency. One of the requirements of the sponsorship application is submission of the beneficiary's birth certificate. Her birth certificate was lost many years ago and never needed since she is now a citizen of Pakistan.

    The U.S. Department of State's Foreign Affairs Manual has the following information for obtaining a birth certificate from India.

    "Available. Prior to 1970, reporting of births was voluntary. Birth certificates of Europeans, Anglo-Indians, Armenian Christians, Jews and Parsis born prior to 1970 may be obtained from the State Registrar General of Births, Deaths, and Marriages. No standard or uniform certificate is issued by the several authorities. In addition, acceptable certificates can often be obtained from the municipal and rural registration records which are maintained under the state laws. Europeans, Anglo-Indians, and Indian Christians are usually able to obtain church baptismal certificates.
    Under the Registration of Births and Deaths Act of 1969, births are required to be registered in almost all of the States and Union Territories of India. Birth certificates are available to any applicant born on or after April 1, 1970, upon payment of a nominal fee to the appropriate authority.
    In cases where birth certificates from the authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant, may be submitted. It should set forth the relationship between the deponent and the applicant, how well the deponent knows the applicant, date and place of the applicant's birth, the names of both parents, and any other related facts. Such affidavit, when a birth certificate is unavailable, should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist, or no longer exists."

    I have submitted two affidavits from my mother's brother and her father-in-law along with her permanent residency application which act as secondary evidence of birth but for the primary evidence of birth, USCIS wants her birth certificate or a "non-availability certificate" from an Indian governmental agency. On the Indian consulate general's website indiacgny.org, the form for requesting copies of birth certificate or a certificate of non-availability requires submission of copies of Indian passport.


    What do you recommend is the appropriate course of action for us given that we have no family member residing in India that we can ask for assistance in obtaining a non availability certificate from the local municipality in Mumbai?

    Appreciate all your help.

    Frustrated
    Ethin.
     
  17. HelpingHand

    HelpingHand Registered Users (C)

    Hi
    Some one *please help*.

    1. I was born in India in May 1968
    2. My birth was registered the *same day* (correct DOB)
    3. School certificate, passport and all other docs (H1B, Drivers Licence) DOB is Oct 1968 (5 months difference)
    4. Contacted municipality about my BC, and they give only what is based in their records- ie, May 1968.
    5. I got a BC from SFO consulate, with DOB as per passport
    6. Now time to apply for I-140/I-485 concurrent. Which DOB should I use ?.
    Options
    6.(a). Use the one from municipality (Actual DOB)- and correct all other documents later (will be a pandora's box)
    6.(b). Use the BC from consulate, and show School certificate copies. And later gamble with RFE
    7. Heard that USCIS say either of following is mandatory- either original birth certificate or original non-availability certificate.

    Had read some where that some guys submitted original BC (with correct DOB) with a note saying that all other docs use School certificates, so he would want to use that (DOB as per passport) and it got approved without RFE. Not been able to locate the link.

    Gurus, please suggest a way out- 6(a) or 6(b). Submission deadline is just 10 days away.

    Also, I already have taken a medical examination- at that time doctor has put date of birth as per passport. Would this be a problem if I use route 6(a) ?. Please advise.
     
  18. RPM

    RPM Registered Users (C)

    Birth Certificate!

    Hi,

    I need to get Birth Certificate from US Embassy in DC.

    What documents they will need to issue the certificate.

    Do, i have to go with some standard Format and get it signed by them?

    Please suggest.
     
  19. akil

    akil Registered Users (C)

    Fill the application for miscellaneous services form which you can find in the Indian consulate website, I think one/two passport size photographs and original passport is requried to get the Birth certificate from Indian Consulate and Money order applicable.
    Akil
     
  20. mariner

    mariner New Member

    Hi HelpingHand,

    My father's I485 application is exactly in the same situation. I gambled without sending the birth certificate and we lost!:( We got an RFE last week and I am not sure what would be the best course of action. They want either birth certificate or non-availability certificate(even though my dad was born in 1940s!). I am more inclined to send the actual birth certificate mentioning that it has incorrect birth day and month - there doesn't seem to be any other option for us since the sub-registrar's office has declined to issue non-availability certificate repeatedly since birth certificate is available on a different date within 6 months. Besides I have only 60 more days to respond to the RFE!

    Did you get any responses or legal advice? Does anyone else have any pointers? Appreciate the help!

    Thanks.
    -Mariner
     

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