Need help GC application denied for Parent

[VaLabor_02]

My Husband applied for my Mother-In-Law's GC application last year in Jun after getting his citizenship. Since my MIL was visiting us at the time we decided to file for I-130 and I-485. In Nov the case got transfered to CSC for processing and we got a RFE for my Husband's Birth Certificate. He sent the Birth Certificate given by the hospital and also an affidavit from his mother stating that he was named after the Birth Certificate was issues as per the Hindu customs.

Today we got a letter form USCIS saying that the GC application has been rejected as they have the Birth Certificate from the hospital and also the affidavit from his mother but these are all secondary proof of the relationship that she is his mother and that they need a primary proof of the relationship.

They have asked us to appeal the case if we want, which we do plan on doing. We will be consulting a Lawyer as well.

But what I was curious about

1. Do we need to get some document from the local Registrar of the City of his birth.
2. If we do it is going to take almost a month to obtain the document and they have given us only until Feb 23 to appeal the case. Is there a way we can get an extension on the appeal date
3. Since my MIL is on Visitor Visa and her 6 month stay is over and we did not apply for an extension since her case was pending can she stay on till we have the final outcome of the appeal or does she has to leave the country.
4. If for some reason the appeal is denied is there any other way to re-appeal the decision.

Any help or suggestions will be a great help

Thanks
Va

 

[ksengupta]

My Husband applied for my Mother-In-Law's GC application last year in Jun after getting his citizenship. Since my MIL was visiting us at the time we decided to file for I-130 and I-485. In Nov the case got transfered to CSC for processing and we got a RFE for my Husband's Birth Certificate. He sent the Birth Certificate given by the hospital and also an affidavit from his mother stating that he was named after the Birth Certificate was issues as per the Hindu customs.

Today we got a letter form USCIS saying that the GC application has been rejected as they have the Birth Certificate from the hospital and also the affidavit from his mother but these are all secondary proof of the relationship that she is his mother and that they need a primary proof of the relationship.

They have asked us to appeal the case if we want, which we do plan on doing. We will be consulting a Lawyer as well.

But what I was curious about

1. Do we need to get some document from the local Registrar of the City of his birth.
2. If we do it is going to take almost a month to obtain the document and they have given us only until Feb 23 to appeal the case. Is there a way we can get an extension on the appeal date
3. Since my MIL is on Visitor Visa and her 6 month stay is over and we did not apply for an extension since her case was pending can she stay on till we have the final outcome of the appeal or does she has to leave the country.
4. If for some reason the appeal is denied is there any other way to re-appeal the decision.

Any help or suggestions will be a great help

Thanks
Va

I can only answer for your first question - if you dont have the original birth certificate, you need to get a non-availability certificate from the government agency in the native country. A hospital's birth certificate is still a secondary certificate unless you have one from the governemtn agency of the city where your husband was born.