GC BirthCertificate: Affidavits denied, RFE for BC

buldag

New Member
Today I had my GC interview.

The adjucating officer, after gowing through my file, stated that she cannot accept the TWO affidavits from my parents in lieu of a birth certificate. She said that she knows that BCs were being issues in India since 1969 - so I have to send in a BC. She gave me a RFE and a 30-day notice.

What are my options now.!?
 
buldag said:
Today I had my GC interview.

The adjucating officer, after gowing through my file, stated that she cannot accept the TWO affidavits from my parents in lieu of a birth certificate. She said that she knows that BCs were being issues in India since 1969 - so I have to send in a BC. She gave me a RFE and a 30-day notice.

What are my options now.!?

When a b. certificate does not exist, an affidavit of birth should be accompanied by a "Certificate of Non-availability" issued by a governmental authority confirming that the birth certificate does not exist.
you can get a a lot more info regarding this issue by doing a search on google.
hope this helps.
 
thanks for your reply.

does anybody know how long does it take to get this certificate of non-availability?

I have my old parents back in India and I am not sure how fast can we move on this. I have a 30day deadline.
 
Your parents should go to the town or Municipality where you were born and ask the Registrar's office there to issue a Non-availability Birth cert (NABC), if your birth was never registered. With the right amount of money and influence, it should be possible to obtain this within a couple of days(from my family's personal experience).

If the Registrar's office finds that your birth was registered(***), then they will not issue a NABC - but they should be able to issue a Birth Certificate instead, where the date of issue will be a recent date and the Date of Registration would be a date in the past, when birth was actually registered.

*** Sometimes, it has happened that the Parents are not even aware that a child's birth was registered. If the child was born in a Municipal / Corporation / Government hospital, the hospital takes upon itself to register the child's birth with the info that they have. The parents necessarily are not aware of this. In such cases the parents or whoever is looking for the BC, come to know of such registration of Birth only when they actually request BC from the registrar, several years later when there's a need for BC.
 
To Buldag

If you are from India, send your passport along with application and $20 to get a Birth Certificate from Indian Consulate where you live.
I also did the same.

Good Luck
 
ell_emm said:
If you are from India, send your passport along with application and $20 to get a Birth Certificate from Indian Consulate where you live.
I also did the same.

Good Luck

But I heard that doesn't satisfy the requirement. It would just be an additional evidence but USCIS will not accept it as the Initial evidence of BC or (Non Availanility and Affidavit of Births).

I would strongly suggest that OP should do further research before taking the Indian Consulate route.
 
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