Greencard application without birth certificate

[samadss]

My mother, who received her green card in 2015, applied for green card for my brother, who is 47 years old, in 2015. My parents are from Pakistan and were in Libya at the time of my brother's birth. We moved back to Pakistan in 1983. We have two issues here - 1) We are not able to locate the original birth certificate 2) We recall that he has different name on his birth certificate than his current name. His first passport at age of 4 and all passports since then lists the current name.


In 2015 we applied submitting affidavits as substitute for his birth certificate. USCIS has now come back with a Request For Evidence (RFE) asking us to either produce the birth certificate or produce a letter from the appropriate registrar stating why birth certificate is not available.


We have no connections in Libya. So not sure how we can produce such a letter. Can anyone guide us here?



We have no issues in getting secondary evidence that letter lists such as original passport (issued at age 4 with current name), affidavit and even DNA testing from an accredited lab.

 

[SusieQQQ]

Can you clarify if secondary evidence from 4 years after birth is acceptable - I ask because in our case it would not have been, they wanted something within a year of birth - I‘m not saying it’s necessarily the same in your case, but just confirming.
Also, did the application make clear to them that the name on the original birth certificate is different? Sounds to me regardless what evidence you actually get you will want to do a DNA test anyway given more than just one issue with the BC.


Anyway for Libya, this is the official procedure per Dept of State to get a copy of birth certificate for non-Libyans:

https://travel.state.gov/content/tr...ity-and-Civil-Documents-by-Country/Libya.html

Birth Certificates
Available. To obtain a Libyan birth certificate, non-national applicants must send all pertinent information (including name, date and place of birth, and full names of parents) to their respective Embassy in Tripoli. That Embassy will then make a formal request to the Ministry of Foreign Affairs to obtain the certificate from the appropriate municipality.