Help with Birth Certificate RFE

P

Pardoner

Registered Users (C)
RD: Mar 6, 2002
ND: Mar 26, 2002

This week I received an RFE on birth cert because the certificate was issued the year before I filed for 485. It said the RFE was being issued because "Your birth was registered 29 years after the fact".

So they ask me to submit one or more of the following (and oldest) evidences:
1. Hospital birth record which name child and both parents.
2. Medical records which name child and both parents.
3. School records which name child and both parents.
4. Census records which name child and both parents.
5. Church record blah blah....

Also says I need to submit 2 written statements, sworn by two persons who were living and knowledgeable about my birth.

Now as crazy as I might sound, I do not have any of the 5 documents (or anything that links me with my parents
in a document format) which are listed above. I'm desperately looking for alternate options here. Can anyone please help me understand what I can do and what its ramifications are?

I also changed my employer (and hence lawyer) 2 months ago but haven't reported it to BCIS yet. Since an RFE has not (yet) been issued for my employment, I'm confused if I should be invoking AC21 just yet, or wait for the employment RFE later on?

Any help is greatly appreciated.

Pardoner
 
rejoice

Your file must have gone to case officer afflicted with paranoid schizophrenia
But the good news is that atleast your case is moving forward.
My dates are the same as yours.
I was wondering are you from a country subject to special registration thus triggering these weird requirements ?

I believe affidavits from two people or your parents should be OK but you should definately get a very good lawyer involved in your case.

Good Luck and rejoice atleast the end is in sight for you !!!
 
Thanks for the reply

tan67,

I'm from India, which to the best of my knowledge, does not have special registration requirement.

As for the case moving forward, I'm afraid that after spending couple months on this RFE, I might get another one for employment verification! You couldn't be too skeptical when it comes to NSC.

Pardoner
 
Rejoice

I think it would be prudent to send employment information along with BC info.
Some might say that this will delay your case but I think it would be better to pre-empt and be pro active because most of the people are getting RFE for employment anyway.
But again this is just my opinion.

Good Luck and don`t spend two months on this RFE FEDEX,UPS etc do exist !!!!
 
Regarding Birth Certificate

It looks more positive from BCIS that they are suggesting you to provide evidence.

Your Attorney is supposed to suggest you before you apply for I-485 that the Birth Certificate is vaild only if the registration date on the certificate is within ONE year from the date of birth.

Think of how your birth was registered after 29 years. Most probably, your birth was registered because, your parents would have submitted a non-availability of birth registration from municipal corp to registrar of births. Now get a copy of the non-availability and a supporting document from municipal corp that the birth was registered to keep registry up to date....

You need to submit affidavit from your parents. This will be only a supporting document to the other document.

There may be other evidences too. If I get a better Idea I will post it.
 
pardoner

it is a very standard birth certificate query. i received the same one because my lawyer also hadn't told me that a b.c. needs to be dated the time of your birth, not 10-20 years aftr. so used my GCE O level certificates that show my birthdate and i used sworn notarized affidavits of my two maternal uncles.

INS accepted both documents as proof of birth.
 
Good question

That's what I'd like to know deputydawg, because the RFE clearly states that any supporting document should contain the names of both parents. And my SSLC (High School Certificate) contains my dad's name on it, not my mother's name.
 
If your SSLC certificate contains your DOB and your dad's name that should support your birth certificate. A secondary support would be affidavits from both your parents.
 
pardoner and jahapanah

no, my certificates do not contain my parents name, only dob. From what i understood from the query, INS was contesting my DOB as well as my lineage i.e. are my parents who i claim them to be.

So i proved that i am indeed my parent's son by having the notarized affidavits of my uncles and i proved my dob by my o level results which states dob and which is issued by the london board of examination which is a legitimate third party verifier.

You received the exact same rfe from what i understand. talk to your lawyer regarding which paperwork to submit because tjis is a very generic rfe like employment verification. my lawyer even dictated what goes on in the affidavits i.e. what exactly are my uncles testifying to.
 
hey deputydawg..r u sure you're not me??

;)

hey bud..I had the same Birth Certificate RFE,even though I am from Canada,and well,I did not have a BC,so I had one from the Canadian ppt office sent,which was not good enuf I guess,so I sent the same docs:

GCE O level cert (containing date)
2 affidavits from relatives (was hard tracking them down)

so here's my question : did u take ur O LEvels in the UK,and if so,where? Just curious,since I was there when my dad was working there.
Cheers man
Jack
p.s. the RFE statement is std - it was the same for me too
 
deputydawg,
Could u please spacify, what is mean by GCE O level certificate?
Thanks
Kaa
 
ok..I shall answer.. GCE is the

General Certificate of Examination of the UK ,which is an examination board (now replaced by GCSE) . the 'O' Levels equivalent to the 10th grade here in the US,are a mjor exam,followed by the 'A' Levels = 12th Grade in the US
so for folks who have studied in the UK,or studied in British Schools outside the UK,. O and A levels are major exams
Cheers
Jack
 
Original required??

I'm planning on sending these documents to support by birth and parentage:
1. SSLC certificate which contains my date of birth and dad's name
2. Affidavit from father, mother and uncle.

I got fax copies of these from my folks in India, but am unsure if I need to submit the original affidavit or a copy will suffice.

Can anyone please tell me if I need to send the original or not? I appreciate a quick response as I'm planning to send it out immediately.

Thanks
 
jack.......

where you been my brother from another mother! :> just kidding
I took mine in the British Council library in my home country, not U.K.
 
hi ddawg..and others

well I sent in coloured copies of the original affidavits,and NOT the original ones.
and hey deputy dawg..we r all homo sapiens man...so we r all brothers.
sorry..still hung over form the awesome "Walking with Caveman" show on Discovery.
cheers
Jack
 
listen to this

Wife got a second RFE (our lawyer got it in the mail today). First one was for birth certificate. We sent the same and got a second one back that 'mother's name is not mentioned in the birth certificate'. I checked and it clearly is mentioned in the birth certificate. Are these guys blind!!

Waiting to hear back what my second RFE is all about.
 
I got an RFE on birth certificate ( Rd - 12/15/2001 ) mentioning that 'Your birth registered more than 30 years of the fact'
Your Birth Registered more than 30 years of the fact

I got the birth certificate from my municipal authorities before I submit my 485. Since, my birth is available in the registration records do I need send same birth certificate with the day I born?

Also, please help me out are there any information I need to provide OR can I get non available birth information letter.

regards
Satya
 
send them 2 affidavits supporting your bith certificate -- that should work for you. You cannot send a non availability certificate since you already have a birth certificate.
 
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