Birth Certificate

tito9

Registered Users (C)
I am in I-140 stage with cp option.
I do not have birth certificate & the muncipality in India refuse to give birth certificate / non availability certificate, as the birth was not registered.

Any other documents which can substitue for birth certificate?
Any one in the same position & got the gc approval.

Pl help. Any insights will be helpful.

Thanks.
 
Originally posted by tito9
I am in I-140 stage with cp option.
I do not have birth certificate & the muncipality in India refuse to give birth certificate / non availability certificate, as the birth was not registered.

Any other documents which can substitue for birth certificate?
Any one in the same position & got the gc approval.

Pl help. Any insights will be helpful.

Thanks.

tito9,

Welcome to the forum.

Not having the birth certificate is very common in India, particularly if you are born before 1975. So, you are not alone.

Only acceptable methods to satisfy the Consulate are:

1. A birth certificate

OR

2. A non availability certificate from your place of birth
( as mentioned in your passport)

PLUS

A birth affidavit from your parent ( preferably mother ),
or a close eldarly relative who is old enough to know the facts about your birth.

Non availability certificates are being given by the local authorities. You have to get this one.

For sample forms refer to a thread called 'Sample Form' started by me. You will find sample copies for both non-availability and an affidavit of birth.

Raju
 
Substitute for Birth Certificate

Attached below is the substitute to birth certificate issue by INS for Indian Candidates.

Question 5. What can I do if I am unable to get a copy of the
requested birth (or marriage) certificate? TOP

Birth Certificate & adoption : Affidavits are considered secondary evidentiary sources and can be rejected unless the Official in the foreign country explains why there is no birth record. Child for adoption (other than those meeting the INS definition of "orphan") should be under 16 with 2 years of legal custody and reside with adoptive parents for 2 years. Birth certificate :
Usually an affidavits from people present at the birth may be a substitute to the original birth certificate only after showing that the original has been destroyed or is unavailable. If the people writing the affidavits know that the birth was not reported to any civil or religious authority, they can state that in the affidavit. In addition to the affidavits, you should also present a certificate of non-availability from the local authorities and/or anything else available, such as school-leaving certificate, doctor or midwife certificate, etc.

For India, acceptable birth certifications are (per an answer posted by one of the India D subscribers):

1. A birth certificate from Panchayat, Municipality, Corporation (This should be from the same place that is shown in the 'Place of Birth' column in your passport). OR, All of the following:
1. A certificate from the Panchayat, Municipality, Corporation that the birth is not registered.
2. Two affidavits on revenue stamped papers from any two persons (including, but not necessarily, from parents) that have knowledge of the birth. These affidavits should be notarized. The above procedure is good for marriage certificates as well.

Thanks.
 
I might have asked this question before.
In India, should the affidavits regarding birth be sworn before a judicial magistrate or doing before a notory is acceptable ?
Doing it before a magistrate is a hassle.
 
Last edited by a moderator:
Originally posted by ssn43017
I might have asked this question before.
In India, should the affidavits regarding birth be sworn before a judicial magistrate or doing before a notory is acceptable ?
Doing it before a magistrate is a hassle.

Affidavits of birth can be excecuted before a notary in India. The affidavit needs to be on a non-judicial stamp paper.
 
What if one is not able to get Non-availability certificate ? Will affidavits, school leaving certificate work?

Anyone had been in same situation & got through?
 
tito9,
Can you get it in writing the the relevant authority will not issue a non-availability certificate? That might help, along with other evidence of birth (affidavits, high school records, etc.)
 
Birth certificate alternative

Anotherway to get birth certificate is to goto Birth/Death Department of Muncipalty/corporation and register yourself. It requires, 10th std TC, affidavite of support from parent(s) or from doctor (should be old enough to say that your mother gave birth to you), go to Birth/Death department and register your birth. To get the procedure, ask anybody to visit department and ask the clerk about the regitratio process. I got mine like that. You might to find way around, but you can get that. Newly registerd birth certificate is acceptable.
 
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