I am in the same situation and given the current situation with Covid-19, the state which my mother was born is under complete lock down. Any thoughts on how to proceed in these unprecedented times?
What was outcome of your case?
Hello JayP -
We were not able to get the Non Availability of Birth Certificate nor the Birth Certificate for both my parents - even though my parents were born in a metropolitan city like Bombay. But we had hired a lawyer in India and had him apply for the Birth Certificate at the Birth Registrars office in India's Local office where my parents were born and obtained a copy of the application receipt. FYI - till date we do not have any response to that application even after multiple follow ups - cannot even expect any now considering the pandemic.
To have a professionally formatted response to the RFE we hired a lawyer in the USA and she responded with the following to the RFE:
1. The below details from USCIS website stating Visa Reciprocity - as my parents were born in 1940's
2. All additional available Government Documents of my parents - copy of ration card, copy of their school certificate (which for weird reason did not mention the place of birth), their school report cards, professional certification documents, copy of their employment appointment letters, domicile certificates and a few other documents - which specifically did not state their place of birth - but was very clear of their place of birth and existence. Fortunate enough they had retained all the above documents even though they are almost disintegrated but were readable.
3. The Birth Certificate application receipt - stating we have applied but have not received any thing yet.
The lawyer responded with all of the above on Jan 27th 2020 and we got an update on the USCIS website on Feb 24, 2020 where we are awaiting for an interview date - and then the lock down from March happened. So are awaiting the interview date or otherwise. We will have to wait and see.
Hope the above helps and hope you find a way around. Sorry you are going thru this but I know how stressful it could be.
Birth Certificates
Available: For persons born after April 1, 1970, birth certificates are available. For persons born prior to April 1, 1970, birth certificates are considered unavailable.
Fees: Fees vary from each Municipal authority, or any office authorized to issue birth and death certificates by the Registrar of Births & Deaths.
Document Name: Birth Certificate
Issuing Authority: Municipal Authority, or any office authorized to issue birth and death certificates by the Registrar of Births & Deaths.
Special Seal(s) / Color / Format: Varies substantially from state to state.
Issuing Authority Personnel Title: There is no issuing authority personnel title.
Registration Criteria: The registration criteria varies
Procedure for Obtaining: Procedures vary from each authority.
Certified Copies Available: There are no certified copies available.
Alternate Documents: If an individual is born after April 1, 1970 and is unable to obtain a birth certificate, the individual must obtain a certificate of non-availability from the local authorities with jurisdiction over their place of birth. In addition to a non-availability certificate, the following documents can be accepted as secondary evidence:
- School-leaving Certificate (document provided to students when they cease attending a particular school, be it public or private),
- Matriculation Certificate,
- Certificate of Recognized Boards from the school last attended by the applicant (Boards are exams)
- A notarized affidavit executed by either a parent, if living, or another close relative older than the applicant. This affidavit should clearly state the relationship between the deponent and the applicant, how well the deponent knows the applicant, the date and place of the applicant's birth, the names of both parents, and any other related facts. If the applicant has no living relatives that witnessed their birth, a self-attested affidavit detailing their knowledge of the facts of their birth may be accepted.
Exceptions: None
Comments: For all births after April 1, 1970. It is mandatory under the law (as per the Registration of Births & Deaths Act, 1969) to register every birth with the concerned state or union territory.
