birth certificate

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Can anybody help me regarding this.The law firm is asking for a birth certificate,in India the 10th standard markslist was being used as a birth certificate but here the requirement seems to be different.It seems in case there is no birth certificate these need to be done(below).How do we procure #1,who is a proper government office in India to get it from.Has anybody been in this situation before Please let me know.
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WHAT MUST BE PROVIDED IF NO BIRTH RECORD OR A PARTIAL BIRTH RECORD EXISTS?

If a birth certificate does not exist or does not contains all of the above
information, you must obtain the following:

1. Certificate from a government office in your country stating clearly
that a record of your birth does not exist; AND

2. Two sworn affidavits (should be notarized; in India, affidavits must
be on rupee stamp paper)

Affidavits should be from your parents, if possible. If either or both
parent is deceased, or if they cannot execute the affidavit(s), the next
closest relative, who was old enough to have personal knowledge of your
birth at the time and place it occurred (such as an aunt or uncle) may
execute the affidavit stating:

Complete names of both parents, including the maiden name of the mother
(if parents are executing the affidavit they should also mention the
date and place of their marriage)
Your complete name
That you are, in fact, their child (or, if signed by a relative, stating
their relationship to you)
Your date of birth
Your place of birth (city and country)

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According to what I have read, and I am talking about official immigration law reference books, USCIS would accept your high school diploma in lieu of a birth certificate if it contains your full name, your date of birth, and your father's full name, and if it is signed by an education dept. official (who ever that is in India).
 
Can anybody help me regarding this.The law firm is asking for a birth certificate,in India the 10th standard markslist was being used as a birth certificate but here the requirement seems to be different.It seems in case there is no birth certificate these need to be done(below).How do we procure #1,who is a proper government office in India to get it from.Has anybody been in this situation before Please let me know.
---------------------------------------------------------------------------
WHAT MUST BE PROVIDED IF NO BIRTH RECORD OR A PARTIAL BIRTH RECORD EXISTS?

If a birth certificate does not exist or does not contains all of the above
information, you must obtain the following:

1. Certificate from a government office in your country stating clearly
that a record of your birth does not exist; AND

2. Two sworn affidavits (should be notarized; in India, affidavits must
be on rupee stamp paper)

Affidavits should be from your parents, if possible. If either or both
parent is deceased, or if they cannot execute the affidavit(s), the next
closest relative, who was old enough to have personal knowledge of your
birth at the time and place it occurred (such as an aunt or uncle) may
execute the affidavit stating:

Complete names of both parents, including the maiden name of the mother
(if parents are executing the affidavit they should also mention the
date and place of their marriage)
Your complete name
That you are, in fact, their child (or, if signed by a relative, stating
their relationship to you)
Your date of birth
Your place of birth (city and country)

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If birth was not registered then you need to get:
Non-availability of Birth certificate from Municipality or from Village Panchayat ,District registrar of birth . In North India District civil surgeon office acts as District registrar of birth.
If The municipality or village panchayat (gram Panchayat)District registrar of birth does not give Non-availability of Birth certificate in English and gives in Indian language then get it translated by Notary in english (submit the COPY of Original Non-availability of Birth certificate AND Translation COPY)
+ You will need two affidavits from parents/relatives signed before Notary in India, the affidavits should state the name of person making the affidavit, relation ship to you, your Date of Birth, Place of Birth, your mother name who gave you birth and if affidavit is are from parents it should also be mentioned that your birth was not recorded with proper authorities at the time of your birth and request was made to Birth registrar, Municipality or village panchayat for the search and they have issued Non-availability of Birth certificate .Your DOB and Place of birth should match with Info on your passport. Submit the COPY of two affidavits and keep the original with you.
 
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I have had the same problem with the birth cerificate like you and probably many others from India. A birth certificate that is recently issued from a local government agency in India usually is NOT acceptable by USCIS. Obtaining one is a convoluted procedure and takes longer anyway. What is acceptable to USCIS are a Non-Availability of Birth Certificate (NBC) and two notarized affidavits. I am from Bangalore and obtained the NBC from the local corporation (A sample NBC form is posted on www.bmponline.org).

To obtain a NBC, you need to provide copies of your 10th grade marks report and/or your passport which shows your birthdate to the local agency. They will search for your birth record and once they determine it has not been recorded, they will issue a signed and stamped NBC. This takes only about a couple of days. You can have a family member or a friend to take care of this for you. In addition, you need to get two affidavits from blood-relatives or family friends but not your parents or siblings (that is what my attorney advised). Your attorney should email you the text and the format for the affidavits. They must then be notarized in India. The affidavits may be printed on a Rs. 20 stamp paper. The NBC need not be notarized. Hope it helps.
 
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