Birth Certificate Unavailable / Affidavit for I-485

netesh

Registered Users (C)
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.
Ethin:
I am in same boat except reversed scenario, my mother was born in 1940 in NWFP, and she has Indian passport and everything. We provided 2 affidavits from older relatives but still got an RFE. I've just called Indian consulate to see if they'll issue a Non-Availability of records certificate.

Luckily, I've relatives in India who are trying to find the alternate route but it's not looking promising anyhow. In India(Delhi) they'll register birth**** Correction*** They give you a letter saying that we cannot register birth as it's not in their jurisdiction***** and issue certificate for people who were born before 47 in undivided India with 3 supporting docs:
Passport
Certificate from school
Proof of Residence
There must be some place in Pakistan where you can register her birth.
On the other hand if you know where I can contact somebody in Abbottabad for the birth records prior to 1947 please let me know.

Netesh
 
Last edited by a moderator:

Basuz1

Registered Users (C)
Hi,

I had lost my original birth certificate but got a copy of it from the Municipal corporation, this year. Would that be fine?
 

subrata_baguli

Registered Users (C)
Non availability of Birth Certificate

I received a RFE as stated below.

"If a civil record does not exist, you must submit a written statement, on official letterhead, from the relevant government or other competent civil authority in India, establishing that the Birth Record of Malabika Baguli does not exist and/or is not available in that country. The statement must indicate the reason the record does not exist and whether similar records for the time and place are available. Only then secondary evidence be accepted."

Please post the draft or send it to me immediately.

Regards,

Subrata
 
address of mother/father missing from birth certificate

Hi All,
I got my birth certificate made and they have not mentioned address of mother/father in it. I looked up online and all the sample birth certificates have it. Can someone please tell me if it is important to have it in the birth certificate?

I really appreciate your timely response.

Regards,
Sonali
 

catch_gc

Registered Users (C)
I-485 Status is --> Card production ordered

Guys,
My I-485 Status shows Card production ordered. What does it mean?
Is it something deam comes true?
 

namn400

Registered Users (C)
You will need an affidavit from yr parents and another from the SDM of the area where you were born if your birth was not recorded, that they have looked for it and they were unable to find it..
It is possible to get a birth cert from any municipality if your birth was recorded. If you were born in a hospital, send someone there and find out which jurisdiction it comes under. After that send them your passport and 10th school certificate with a letter requesting the BC. I got mine that way just a few months back.
 
Hi
I have a situation here. My birth place is Kerala.
But I dont have a birth certificate.
I got I-485 RFE on birth certificate.
I submitted affidavit from my mother and got RFE to provide evidence for non availability and additional evidence,if any.
I got a NAC from kerala. But that document says that , " The birth is not registered. But if we provide other documents they will issue birth certificate", which we won't be able to produce.
Has anyone obtained any similar document and used it for I-485 RFE.
Please provide any of your experiences in this matter, which will help us a lottttt.

Thanks
Geetha.
 

whitemimauz3

Registered Users (C)
Submit two different affidavit from your relatives attesting to your birth and they have knowledge about this, one relative from your father's side and other relative from your mother's side
 
Below is my situation

1)Am a U.S. citizen
2) Sponsoring parents who were born & raised in India but later migrated to
Pakistan.
3)My mother has received a letter from USCIS stating that they require evidence of her birth. This was AFTER we had provided affadavits on behalf of
my mother's elder sister.
4)Have contacted YourmaninIndia.com who are struggling with this request of NABC.

any suggestions on next step(s)?? Indian consulate might help, maybe??
 
My situation is similar to yours.

1)Sponsoring parents who were born in 1930's in India (U.P) and later on migrated to Pakistan.
2)Parents do not have birth cert.
3)We have provided USCIS with affadavits (from Pak) on behalf of my mother's elder sister and my father's elder brother. Which did not suffice.
4)Contacted YourmaninIndia.com for assistence who are also struggling with the local municipality office. Request for NABC was put forth to YourmaninIndia.com


any suggestions/recommendations would be appreciated.

TIA

beaver16
 

ssahai

Registered Users (C)
Hi

I got RFE for I-485, asking birth certificate in local language. I have one, but my birth certificate is dated 2000. So my question is
Do I need to submit affidavits from my parents too?
Thanks
Sandeep Sahai
 

alakananda

Registered Users (C)
Birth Certificates in Chennai when birth was not registered

Would any of you be able to advice as to where would my parents be able to obtain a birth certificate in Chennai. They were born in a remote village in Tamil Nadu about 70 years back and their birth was never registered. An affidavit was sent to NVC mentioning that the birth was never recorded but then the NVC has still sent us a RFE mentioning that Non Availability of Birth Certificate (NABC) needs to be submitted.
Any idea as to how we would be able to obtain a NABC from Chennai.
Any help would be greatly appreciated.

Thanks
 

rajkiran1975

Registered Users (C)
Incorrect date of birth registered in the municipality.

I do not have birth certificate,tried to approach local municipality they verified the records, itseems the hospital gave incorrect date (date difference by 1 day). Municipality is refusing to provide birth certificate with my correct date of birth. Tried to approach the hospital authorities,even that did not help. What should I do?
 

Sohailhumayun

Registered Users (C)
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.
Hi Ethin,
I have same situation now, i have applied US Immigration for my parents, and my father was born in India, NVC is asking for birth certificate for my father, he was born in 1947. He even dont remember where were he born in india.
Please let me know what should i do, i am karachi, Pakistan.
thanks

Sohail Humayun
 

Sohailhumayun

Registered Users (C)
Birth certificate from INDIA

a
My situation is similar to yours.

1)Sponsoring parents who were born in 1930's in India (U.P) and later on migrated to Pakistan.
2)Parents do not have birth cert.
3)We have provided USCIS with affadavits (from Pak) on behalf of my mother's elder sister and my father's elder brother. Which did not suffice.
4)Contacted YourmaninIndia.com for assistence who are also struggling with the local municipality office. Request for NABC was put forth to YourmaninIndia.com


any suggestions/recommendations would be appreciated.

TIA

Hi,
I have same situation now, my father does not have any record of india, he was born and migrated to pakistan in 1947. Now dont know what should i do, please help me out. any suggestion.

thanks ...

Sohail humayun

beaver16
 

FunDesiDude

Registered Users (C)
Any response?

My mother too has received an RFE for BC. She was born in Multan Pakistan in 1931. Then immigrated to India in 1946. We don't have any way to get a NRBC... What and how should we respond to the RFE. The BC provided by Indian Consulate was not accepted by Immg. officer. Somebody please respond how we should answer this RFE. What other documents can be provided? There is nobody to make any Affidavits. We are very concerned how to proceed next???
 
If no Birth Certificate is available for I-495

After google'ing all over and getting more confused, I finally approached my law firm for correct answer. In my case, the birth certificate was never registered. So I was suggested following -

Each applicant for permanent resident status must possess a birth record issued by the appropriate civil or municipal authority (i.e., not a hospital certificate) containing all of the following information:

1. Name of child
2. Date of birth
3. Place of birth
4. Name of father
5. Name of mother


Note that the ‘cards’ typically issued in Canada as evidence of birth are not acceptable for U.S. immigration purposes.

If no record exists, a written statement that the record does not exist must be obtained from the civil/municipal authority where the birth should have been recorded. If the record is incomplete, additional documentation must be provided, such as (in order of preference):

1. Affidavits from two (2) individuals who can attest to the circumstances surrounding the birth; please see attached sample;
2. Baptismal or other religious records;
3. School records.

Persons born in some Asian countries (i.e., Taiwan, China, Korea, Japan, etc.) may provide a certified copy of the original household register, or an extract containing the information pertaining to the applicant and his/her immediately family members (i.e., spouse and children).

In the case of adoption, please provide adoption certificates and, where possible, original birth certificate of the adopted person.

I know there are many people with a different date on BC and PP, above option may be useful to them as well.
 
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