I-130 for Parents, RFE - Birth Certificate

jiz290

Registered Users (C)
I have received RFE from CSC requesting newer version of "notarized birth certificate", I tried to talk to immigration officer through 1-800 number but failed. My argument is: notarized birth certificate should never expired. I left my county many years ago and I don't have birth certificate and relationship file anymore. I received my notarized birth certificate back in early 1990. Is there any way I can appeal?

I wonder what I should do now. Is there any way I can provide affidavit letters through my parents here (I am in the processing of applying I-130 for them), I don't want to go back to Chinese Notarized department to start the process again. I am a US citizen, Is there any possibility to have US notarized department to prove that my original "notarized document from China" is still valid?

Thanks very much for your input!

Janet
 
Regretfully, the reason they are asking for a new notorized document is that there are so many fake documents from the PRC. And most of the new authentic notorized documents look different than the fake notorized documents that are often submitted. You know that you can have a family member, friend or agent in China get a new notorized document from your local government. Of course, it's not simple, but it's possible. If you really don't know how to get a new notorized document, I recommend you contact of the numerous law firms that specialize in Chinese immigration cases (they all advertise in the Sing Tao). They should be able to give you some information on the process. However, if your prior notorized document was fake or inaccurate you may have problems. The only other thing you can try is to have a US consulate in China authenticate your prior notorized birth certificate. However, this is more complicated than just getting a new notarial birth certificate. But if you want to try this you can again contact one of those Chinese specialty law firms for the procedure.
 
...... The only other thing you can try is to have a US consulate in China authenticate your prior notorized birth certificate. However, this is more complicated than just getting a new notarial birth certificate. But if you want to try this you can again contact one of those Chinese specialty law firms for the procedure.................

Thanks very much for your quick reply, I think authenticating of my previous Notarized birth certificate from China consulate in US is easier than asking friend in China for help. But I am not sure if the Authenticate from Chinese consulate in US will be acceptable INS, I read information from the internet, it seems this authenticate is only used for providing document to Chinese government, not US, and I am not a Chinese citizen anymore. Therefore I don't know if they can help and it will be accepted by INS.... You mentioned to use US consulate in China, I agree it is too complicated, then I would rather go back to Notarized department.....
 
As far as I know, the Chinese consulates in the US will not authenticate government documents from the PRC. You are correct that the procedure is used to allow the consulate to authenticate a document from the US government that is intended to have legal effect in China; for instance, a judgment of divorce obtained by someone living in the US against someone residing in China. I'm not completely positive that this is still true, or that this only applies to the New York consulate, so you make sure first by contacting the consulate nearest you or the Chinese embassy.
 
translate and validate in US - ok or not?

Can I have original notarized birth certificate translated and revalidated (with the new date) by a US notary person? I heard providing a notarized translation of original birth certificate is acceptable too, isn't it? How do I know which notary company will be accepted by CIS?

Thanks
 
Anybody who is a public notary can notarized a document. But you must provide what they asked for... a NEW certified copy, by the issuing authority.
 
My wife left her country when she was 10 years old. Needless to say when we applied for she was 27. At our interview we were given an rfe for her birth certificate. They did not accept a Consulate letter verifying her birth date and 2 affidavits from family members. We had a hell of time getting her birth certificate from her home country but we had no choice!
 
jiz - Listen to Kiddhan, they want an actual new notarial birth certificate from China. Trying to get around what they want is only going to waste your time and annoy the IO. You are just going to have to face the fact that you are going to have to give them a new notarial birth certificate. Is it inconvenient, yes. But if you want your parents to immigrate to the US you need to just face it. You and I both know that obtaining a notarial birth certificate is not that hard. Have a friend or family member who still lives in the village/town where you were born get one for you. The fact that you are so reluctant to get a new one makes me think there was something wrong with the old one.
 
SENOWEN,

You have been very kind to help and give a lot of information. But the fact you don't trust people makes me upset. Maybe it is not totally your fault, maybe there are just too many liars and fake documents etc. so people lost their trust.

Anyhow, I will take your suggestion, I left my hometown where I was born and worked in different city before I came to US. I really cannot use my relatives in my hometown to get the notarial certificate, that's why it is a little bit more hassled.

Thanks again for your help!
jiz
 
Senowen and other expert, please help

Problem: REF from USCIS for parents' immigration cases - requesting original copies of applicant's birth certificate for mom and dad's I130 application. Two envelopes from USCIS were provided and two copies of original certificates were requested.

I finally had a friend helping me applying for updated birth certificate from China, but she made a mistake and requested only one copy of birth certificate from notary department. I can go through whole process again in order to get more copies of original birth certificates and it will be time and money consuming.

I have two separate RFE letters from USCIS, both requested original birth certificate (instead of copy as we originally submitted), it seems like that USCIS wants the letter to be mailed back separately (one for mom and one for dad). I am thinking about mailing both blue color I-797 forms with birth certificate back in one big envelop instead of using the small envelopes they provided. Since I only have one copy of original birth certificate, I can also provide a photo copy of birth certificate. I can have the second copy notarized and signed by a translator. Do you think this will work? I really don't want wait for another three weeks for the original certificate coming? In the mean time, I will have my friend to prepare for the backup copies in case USCIS will not happy with the document I submit. Can I write to them and explain the situation? How much risk will I face?

Thanks for your help!

Thanks

Jiz
 
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