Cannot get Non Availability of Birth Certificate. What other options do I have ?

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Rita Doshi

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I am sponsoring my parents green card. Neither I nor my parents have birth certificates. We submitted affidavits for all 3 of us. We got an RFE asking us to submit Non Availability of Birth Certificate from India. We don't have anybody back home who can do this for us and also since I was born after 1969 I will not get non availability of birth certificate(I had a simmilar problem when my green card was in process. At that time we submitted an affidavit and that solved our problem). What can we submit instead of NABC ? Any other options ? We are very disheartened and would appreciate any help.
 
Thanks so much. I have read about this on other forums also so I spoke to about 3 lawyers and they said document from indian consulate is not submissible. They said recently a lot of people submit that and now USCIS is rejecting that as a valuable document. Any other suggestions ? I appreciate you taking the time to help me out.
 
I find that hard to believe. USCIS will accept a document from, say a township in the state of UP, but will not accept a document issued by the representative of the central government, i.e. consulate or embassy?


Rita Doshi said:
I spoke to about 3 lawyers and they said document from indian consulate is not submissible.
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Thank you for your reply. By the way your username makes a lot of sense after reading your signature :) .

Is there a phone # at USCIS where I can verify if this document will suffice ? There is a 800# listed on the RFE but it's an automated system and I couldn't speak to anyone.

Thanks.
 
Rita Doshi said:
I am sponsoring my parents green card. Neither I nor my parents have birth certificates. We submitted affidavits for all 3 of us. We got an RFE asking us to submit Non Availability of Birth Certificate from India. We don't have anybody back home who can do this for us and also since I was born after 1969 I will not get non availability of birth certificate(I had a simmilar problem when my green card was in process. At that time we submitted an affidavit and that solved our problem). What can we submit instead of NABC ? Any other options ? We are very disheartened and would appreciate any help.
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It doesn't matter when you were born (or born after 1969), one MUST need to submit either a birth certificate or a non-availability of birth certificate from a civil registar. It doesn't matter what USCIS accepted you in the past, because it's a new show and new sherrifs in the town. You may try to get birth certificate from Indian Consulate in the US as they do provide it but USCIS have a few times denied those certificates recently but then approved from some. You may try it. However, if you fail to obtain a BC from Indian consulate then you MUST need to get a non-availabilty of birth certificate. Only then, you are allowed to submit secondary evidence of birth along with non-availabilty of birth certificate. Those evidences could be school certificate, batism certificate and affidavits from two people who witnessed the brith. Without non-availability birth certificate, secondary evidence cannot be accepted. Also, many immigration officers have refused to accept affidaivt from others as secondary evidence. I guess it's up to the officer in National Visa Service Center who is assinged to your particular case.

There is no way to get around with non-availabilty of birth certificate if a birth certificate is not submitted. So if you have to go to India to obtain it then you have no other choice. One cannot say that s/he is busy, have no money to travel, cannot get off from work, taking care of elderly parents or etc...because burden to prove a case remains the responsibility of the applicant than govt.. USCIS might not give you another chance thru RFE if you don't send what they are asking for; instead they will just deny your whole case which means losing of all money, efforts and paperwork. That's why it's so important to move on quickly. Go to India and get it done there quickly, or try here at US consulate. Just don't waste your time because clock on RFE is ticking off....
 
Thanks JohnnyCash. I do agree that I have to move on this quickly. From what understand I could get the documents from the Indian consulate but then there is a risk that the officer could deny the whole case ? Is it better I get the NABC from India or is that my only choice ? I will go to India if I have to yes but would ofcourse like to try something from here. Thanks a lot.
 
Rita Doshi said:
Thanks JohnnyCash. I do agree that I have to move on this quickly. From what understand I could get the documents from the Indian consulate but then there is a risk that the officer could deny the whole case ? Is it better I get the NABC from India or is that my only choice ? I will go to India if I have to yes but would ofcourse like to try something from here. Thanks a lot.
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Yes, there is always a risk for USCIS to be rejecting a birth certificate from Indian Consulate here in the US. There are a few cases reported on this site and many more wherein it happened. If I were you, I would try to get here thru Indian Consulate but will go immediately to India as well to get from there. Yes it might cost you money, time and efforts but a civil record such as a birth certificate is always needed in life...not only by USCIS. So it's better to have it than not. If you have any relative or friend in India then you can save money going there; instead pay them some of the ticket money that you will spend. I'm sure they will gladly to do things for you if you pay them enough. They can even mail you that with DHL next day delivery as well. And don't even bother calling USCIS because as I said that there is no way around to it. Just move quickly.
 
Have you tried the service "Your Man in India" - they are HQ in Bangalore but based in several other cities as well. I recently got my mother's NABC from Bangalore through them - it was a breeze but cost $140 or so in total including shipping charges through courier. But you do need to provide documentation like ration card, SSLC certificate, voter card or PAN card, passport copy and proof of address (recent bill).

You can just google the name Your Man in India and find more about them. I sed them recently with great results.

AP
 
Yes I have heard of your man in india but actually read very poor reviews about them on the net. People said that they had to follow up a lot to actually get any work done thru them. Maybe they are better in the cities. I'll contact them and see what they say.
 
Rita Doshi said:
Yes I have heard of your man in india but actually read very poor reviews about them on the net. People said that they had to follow up a lot to actually get any work done thru them. Maybe they are better in the cities. I'll contact them and see what they say.
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Individual cases may vary but my experience was quite ok. In fact they wnet back a second time to the Municipal office in Bangalore to get the NABC amended to have the proper wording. They do seem to have an inside track at least at the BBMP office in Bangakore which might have speeded things up.

Well, short of making a trip yourself (costing $2000) do you have better alternatives? The $140 while high, ain't that bad in the overall equation.

AP
 
I agree. I just called them up and they asked me to send them an email. They are closed till Monday due to Dassera so will reply to my email on Tuesday and let me know if it's doable. I also agree that if they frequent the municipality often they know exactly whom to meet and what to say. At this point money is secondary.

Appreciate everybody's help on this.
 
Please update

Hello Rita - I am in exactly same situation as yours. I do not have NABC for my parents and the local authorities are refusing to issue one. My parents are in USA and I am wondering what my options are....Could you please update your situation and let us know how you are handling your situation...

Thanks
 
phillyn400 said:
Hello Rita - I am in exactly same situation as yours. I do not have NABC for my parents and the local authorities are refusing to issue one.
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Then they should issue the birth certificate itself. Are they also refusing to issue a birth certificate?
 
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It's not as easy as either or. Sometimes if they don't have enough proof of your birth they will not issue either of the certificates. Certain laws have passed this year and issuing birth and death certificates have become very strict. Getting an NABC is considered as high a document as birth certificate. Moment you go the municipality asking for any of those certificates red flags go up. They also have a very intricate computerized system where they can search for your name and find the document. In my case there were discrepancies with my birth date and I didn't want a birth certificate even if they could find one.

I answered phillyn400's PM but to update my case - A family friend of ours did many rounds of the municipality and provided certain documents such as our building's secretary's letter vouching for my credibility and also agreeing that I have been living in the building since my birth. He had to pay under the table also and we finally got my NABC. Although for people born before 1969 it shouldn't be difficult to get an NABC but you never know. If you don't have a family member living there it's very difficult to get any work done.

We are hiring a lawyer this time who will answer our RFE. We still haven't submitted all the papers to the USCIS

Good Luck.
 
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Everybody, first and foremost thanks for this discussion. I am trying to file for my father who was born in 1937 in Pakistan so will need a NABC. I have sent a note to yourmaninindia and am awaiting a response.
The alternate path seems to be that I go the municipal corporation office and ask them for a NABC but given that my father was born in Pakistan I am not sure if any municipal corporation would be able to help?? So what do I need to tell them?
 
Hi, we also got a RFE for our dad and have to respond within 30 days. He is here in US and since his application is filed he cannot go to India. We are unable to get non -availability or birth certificate , since hi s birth was in 1940 and also he cannot go to India in person. Please advise on how to respond to RFE? Also , if anyone has any experience if they didnt have non availability what did they do. Thanks! Please respond soon as it is very urgent.
 
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