I-485 RFE received for birth certificate of parents. Can't get Non-availability of Birth Certificate from India

I too had my attorney reply in similar lines, quoting the reciprocity schedule. USCIS received it but today my status changed to " Notice Explaining USCIS Actions Was Mailed". I am wondering what it would mean..
 
Unfortunately, immediately after the response was received by USCIS, they sent an email and changed my status to "Notice Explaining USCIS Actions Was Mailed" - most likely it will be a NOID. Keeping fingers crossed.
 
Sk5817 said:
@JayP_2020

Hi! I have received RFE for my mother as well. She was born in 1952 and I am unable to get NABC from GHMC in Hyderabad. They are not even willing to consider the application as we don't have address proof. I have another 4 weeks to respond to USCIS. We have already submitted 2 affidavits from relatives and her school leaving certificate. Could you please share how did you respond in your mother's case? Thank you!!
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Hi Sk5817,
Can you please update how you handled the situation? My case is similar. I am the father of a US Citizen. I received an RFE for Non Availability of Birth Certificate along with 2 affidavits. My attorney replied to the RFE providing the affidavits but for NABC, he quoted the reciprocity schedule which states that for people in India born before 1970, neither birth certificate nor NABC is required. It appears that USCIS has not accepted that and is issuing me a notice (I have not received it yet but suspect that it could be another RFE or Notice of intent to deny). Your inputs will be of great help.
 
priyapg said:
Can someone share there experience on getting NABC or birth certificate for parents as I am looking to get Green card done for my mother . I have tried approaching trichy municipal but they are just delaying and not providing it yet . My mother has her matriculation certificate and passport no other documents exsist. Please guide and help . Thanks !
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Can you please update how you handled the situation? My case is similar. I am the father of a US Citizen. I received an RFE for Non Availability of Birth Certificate along with 2 affidavits. My attorney replied to the RFE providing the affidavits but for NABC, he quoted the reciprocity schedule which states that for people in India born before 1970, neither birth certificate nor NABC is required. It appears that USCIS has not accepted that and is issuing me a notice (I have not received it yet but suspect that it could be another RFE or Notice of intent to deny). Your inputs will be of great help.
 
dvs2021 said:
thanks AAMR. No i'm yet to apply. Just preparing since we do not have a NABC and i'm not sure if affidavits are sufficient. Sort of hitting a road block in getting the nabc, since the certificates have wrong name and date :)

I've heard from mumbai lawyers that the birth certificate affidavits are only valid for 6 months, is this true even for immigration offices here?
And What was your experience in terms of when to apply after parents arrive to the states?
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Can you please update how you handled the situation? My case is similar. I am the father of a US Citizen. I received an RFE for Non Availability of Birth Certificate along with 2 affidavits. My attorney replied to the RFE providing the affidavits but for NABC, he quoted the reciprocity schedule which states that for people in India born before 1970, neither birth certificate nor NABC is required. It appears that USCIS has not accepted that and is issuing me a notice (I have not received it yet but suspect that it could be another RFE or Notice of intent to deny). Your inputs will be of great help.
 
AAMR said:
Hello @ramwal, Sorry was not able to reply back to you earlier.
1. We had submitted - two affidavits for each of my parents - with the original application

2. I believe in your RFE response - you may have to send the reciprocity schedule, highlighted, underline the relevant section - with a cover letter - indicating that it clearly mentions that a NABC is not needed for people who are born after 1970. NABC is needed for persons who are born after 1970 and do not have a birth certificate. Thats what we had done with our RFE - and in addition we sent all other secondary evidence again - my parents school leaving certificate, college leaving certificate, their employment appointment letters, their retirement letters etc. etc.
From what I understand is the people in the USCIS office who intake the forms may refer to a check list for support and if anything is missing - will request a RFE without reasoning it. They may not reason to a why a certain document is not submitted and is missing. Again the usual disclaimer - that I am not a lawyer and you may want to discuss your specific case with your lawyer.
3. To answer your question - yes my parents had an interview schedule for March 2020 which got cancelled as that was the month when we had the lockdown for COVID-19. So eventually they had a interview in Jan 2021 and received the GC shortly after.

Hope the above helps.

Regards,
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Did your parents got GC now?
 
ramwal said:
Unfortunately, immediately after the response was received by USCIS, they sent an email and changed my status to "Notice Explaining USCIS Actions Was Mailed" - most likely it will be a NOID. Keeping fingers crossed.
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Did you get any update? i got RFE on BC for my dad so wondering to reply to USCiS in same way?
 
dhaval123 said:
Did you get any update? i got RFE on BC for my dad so wondering to reply to USCiS in same way?
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I received a Notice of Intent to Deny(NoID) after my attorney's reply to the RFE. My attorney didn't want to budge. He contacted the liaison officer of AILA (American Immigration Lawyer's Association) at the field office and emailed the senior officer to do a 'Supervisor Review' of my case because it was incorrect to issue RFE in the first place and NoID later because USCIS' own policies state that for anyone born in India prior to 1970, a birth certificate is assumed to be not available. The very next day, my case was approved and I got my green card a week later.
 
ramwal said:
I received a Notice of Intent to Deny(NoID) after my attorney's reply to the RFE. My attorney didn't want to budge. He contacted the liaison officer of AILA (American Immigration Lawyer's Association) at the field office and emailed the senior officer to do a 'Supervisor Review' of my case because it was incorrect to issue RFE in the first place and NoID later because USCIS' own policies state that for anyone born in India prior to 1970, a birth certificate is assumed to be not available. The very next day, my case was approved and I got my green card a week later.
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That is great you had a good attorney to defend your case. We are in a similar situation. Would it be possible to share the attorney details ?
 
I am in the same situation with my 88 year old fathers case . Please may I have the lawyers contact details . We do have a NABC which I had attached but I don’t have school leaving certificate or affidavits . Please advise
 
ramwal said:
I received a Notice of Intent to Deny(NoID) after my attorney's reply to the RFE. My attorney didn't want to budge. He contacted the liaison officer of AILA (American Immigration Lawyer's Association) at the field office and emailed the senior officer to do a 'Supervisor Review' of my case because it was incorrect to issue RFE in the first place and NoID later because USCIS' own policies state that for anyone born in India prior to 1970, a birth certificate is assumed to be not available. The very next day, my case was approved and I got my green card a week later.
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Hi Ramwal, Can you please send me the details of the attorney that you worked with . I am in the same boat with an RFE related to birth certificate.
 
AAMR said:
Hello T.

I am in the similar situation and received a RFE last week. We have submitted the affidavits in lieu of birth certificates but they still want a primary document NABC. I will keep you posted what I find out. I have contact our lawyers in India to see if they can arrange for the same.

I do know the local Indian Embassy issues such a letter but there have been situations when such letters have not been accepted and the application has been rejected.

You can read my thread as well with the tag AAMR.
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AAMR said:
Hello T.

I am in the similar situation and received a RFE last week. We have submitted the affidavits in lieu of birth certificates but they still want a primary document NABC. I will keep you posted what I find out. I have contact our lawyers in India to see if they can arrange for the same.

I do know the local Indian Embassy issues such a letter but there have been situations when such letters have not been accepted and the application has been rejected.

You can read my thread as well with the tag AAMR.
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Can you please provide your lawyer’s contact detail. I am also in similar situation. I have got a RFE for my mom’s GC.
 
AAMR said:
We used a lawyer in the USA (as my parents are in the USA with me) and responded with the Visa Reciprocity Schedule - which clearly states that if a indian parent is born prior to April 1970 the Birth Certificate is deemed to be unavailable. The lawyer drafted a letter and attached the Visa Reciprocity schedule - plus the affidavits, and secondary documentation - after which they accepted the response. Eventually after six months we did receive my mothers Birth Certificate - thru a family member who applied in Bombay.
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Please provide the lawyer’s details in US. I have got two RFE one for my mom’s birth certificate and one for mine. I do not know why do have got these. I used my affidavit which my parents got it for me that I used all the time but during my mom’s GC application they have sent a RFE. For my mom now I understood, I used Indian consulate certificate and they didn’t consider that because that was issued on the basis of her passport date of birth. That would be great if you can send me the lawyer’s detail. Thank you very much
 
AAMR said:
Hello T.

I am in the similar situation and received a RFE last week. We have submitted the affidavits in lieu of birth certificates but they still want a primary document NABC. I will keep you posted what I find out. I have contact our lawyers in India to see if they can arrange for the same.

I do know the local Indian Embassy issues such a letter but there have been situations when such letters have not been accepted and the application has been rejected.

You can read my thread as well with the tag AAMR.
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Can you please share your lawyer’s details. I have also got the same kind of RFE for my mom’s GC. Thanks
 
ramwal said:
I received a Notice of Intent to Deny(NoID) after my attorney's reply to the RFE. My attorney didn't want to budge. He contacted the liaison officer of AILA (American Immigration Lawyer's Association) at the field office and emailed the senior officer to do a 'Supervisor Review' of my case because it was incorrect to issue RFE in the first place and NoID later because USCIS' own policies state that for anyone born in India prior to 1970, a birth certificate is assumed to be not available. The very next day, my case was approved and I got my green card a week later.
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Can you please provide your lawyer’s detail. I have got a similar RFE for my mom’s GC application. Thanks
 
Aryas said:
Can you please provide your lawyer’s detail. I have got a similar RFE for my mom’s GC application. Thanks
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Hello. Please see your inbox. I have send you the details. Apologies for not responding earlier.
 
AAMR said:
Hello. Please see your inbox. I have send you the details. Apologies for not responding earlier.
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Thank you very much for your response. It’s very helpful. I have emailed you please check, I do have query. Thanks
 
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