help: RFE no name in original birth cert.

A

Abhayr

Registered Users (C)
Hi

I submitted I-130 petitions to sponsor my parents for a green card and received an RFE because my original birth certificate
does not have my name on it. This is customary since children in India were named several days after birth.
My parents are currently in the US.

Is it sufficient to send notarized affidavits from my parents with US perjury clause OR do I also need a certificate from the local Indian
city corporation as to why the name is absent?

Just for the record the RFE states:
In cases where birth certificates from the appropriate authorities are unavailable or contain insufficient information regarding
the birth or the parents, a sworn affidavit executed by either the parents, or other close relatives older than the applicant may be submitted. Such affidavits, when birth certificates are unavailable, must be accompanied by a document from a competent
governmental authority that the certificates does not exist or is unavailable.
Please submit a copy of birth certificate for <Abhay>, showing child's complete name, date and place of birth and both parents' names and issued by civil authorities. If the birth certificate does not exist or is unavailable please submit a document from a governmental authority certifying that the birth certificate does not exist or is unavailable.

Thanks
Abhay
 
One Option is:

Try to get another birth certificate. I had lost my original birth certificate, so about couple a years ago my mom went to the birth registrar in the city(india) and applied for a birth certificate. The new certificate had my name on it and i sent the same one along with the I130 i sent to USCIS. Hope this helps.
 
Since my parents are here, I have no one else to help out with getting another birth certificate. The one I have is an original prepared for my school admission several years ago.
 
No name on birth certificate

I had a similar issue - my birth certificate says "baby girl" born to so and so, at place of birth.

With my AOS application, I submitted a copy of my birth certificate and a sworn affidavit from both my parents, stating that this birth certificate is for <name>, <passport number>. I have not (yet!) received an RFE and my interview is scheduled for later this month.

In your case, since you are applying for your parents' AOS, I would also include an affidavit from another person, if possible. An aunt/uncle/close friend who was there at the time. I think it never hurts to send the USCIS a little more than they ask for.

Good luck!

Mrs_S
 
i'm curious. to sponsor your parents you must be a citizen. did you go through the AOS or "green card" process? if so, what birth certificate did you submit then? and why isn't that birth certificate valid now?
also you said your parents are here, are they on a visit visa? if so, is this a common route? how many days, after they arrived, did you wait before you put in their applications? did they have any trouble at the POE? which POE did they come through?
please respond!!!
 
I submitted the same birth certificate for my citizenship N400 form as I did for my I-130. Apparently, this is an issue only now!
 
RFE response accepted

I submitted 2 notarized affidavits:

i) A joint affidavit from my parents stating I was born to them on so and so date etc etc.
ii) One from an older relative.

This was accepted and my I-130 approved.
 
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