Need urgent advice for Birth Certificate

N

nk01

Registered Users (C)
Hello Friends,
I am yet to file for I-485. While preparing documents for the same, I asked my folks back in India to get Birth Certificate from the Govt office. It was then that we realized, my birth records had my name recorded incorrectly. The name in their records have no resemblance to my current name. Those people are adamant on not correcting the records at their end (We showed them my early education certs, paassport copy etc).
Since Birth record does exist, they will also not issue any Non availability certificate. Now I do have Birth affidavits,school records etc with me, but I am really worried that INS might ask me questions on why I have an Incorrect Birth record.
Hence I have decided to file a case against Birth records office in the Indian court and attempt to get it corrected, but in India these things take lots of time. :(

I was just curious whether anyone has faced this kind of scenario. Also if someone knows any other way to get Birth Name corrected, Please let me know. Any pointers in this regards would be extremely helpful.

Thanks in advance
 
At this moment I would suggest you to file your I-485 with the documents you have now - 2 affidavits, school certificate and birth certificate with incorrect name. Don't wait for non-availability certificate. However, after filing I-485, continue your effort to obtain a correct birth certificate or non-availability certificate - so that in case there is any RFE in future you can serve that document.
 
nk01 said:
Hello Friends,
I am yet to file for I-485. While preparing documents for the same, I asked my folks back in India to get Birth Certificate from the Govt office. It was then that we realized, my birth records had my name recorded incorrectly. The name in their records have no resemblance to my current name. Those people are adamant on not correcting the records at their end (We showed them my early education certs, paassport copy etc).
Since Birth record does exist, they will also not issue any Non availability certificate. Now I do have Birth affidavits,school records etc with me, but I am really worried that INS might ask me questions on why I have an Incorrect Birth record.
Hence I have decided to file a case against Birth records office in the Indian court and attempt to get it corrected, but in India these things take lots of time. :(

I was just curious whether anyone has faced this kind of scenario. Also if someone knows any other way to get Birth Name corrected, Please let me know. Any pointers in this regards would be extremely helpful.

Thanks in advance
Click to expand...

You can also try through some legal procedure. But i don't know whether it can be done for name change. But it can be done for date change. So ask your relatives to check with some lawyers in India for tackle thie through legal process. I think they have to apply through magistrate, who will order to give this change as advertisement in local news papers. Then if no objection then he will order to change the name in birth certificate. So the government office has to follow it. But i think it will take at least a month time. :)
 
I did not have the BC as well. All I had three affidavits from my mom,dad and my uncle and I did not have any poblem . My I-485 got approved without any RFE.
Hope this helps.
Rajiv.
 
rajiv_ksharma said:
I did not have the BC as well. All I had three affidavits from my mom,dad and my uncle and I did not have any poblem . My I-485 got approved without any RFE.
Hope this helps.
Rajiv.
Click to expand...

did you get non availability letter from the concern authority.
 
What evidence of birth is good enough seems to depend on each officer. Some officers are o.k. only with affidavits, while others are more demanding.
I have a copy of my family registry -- my country does not issue BCs to individuals, period -- ready just in case I get a RFE, but my i485 application packet only included my parents' affidavits notarized. Oh, my lawyer actually sent copies of the family registry & hospital records and their translations later to the CIS as additional evidence, but they are not good at matching additional stuff with our original submission, ah well.
 
hanging in here said:
What evidence of birth is good enough seems to depend on each officer. Some officers are o.k. only with affidavits, while others are more demanding.
.
Click to expand...

I agree with you 300%.....
There are interviewees who had a smooth sail :) with their Birth certificate and Birth details that were not perfect, whereas there are others who were "Tortured" just for a spelling mismatch.....:(

For me it is even more painful........ My wife's birth certificate has a place different than what is in the passport. Fortunately the Birth Date is not messed up. We went to the Indian embassy today to get it amended. But the Indian embassy folks declined stating, they need an order from a First Class Judicial Magistrate in India..... :(
:confused: :eek: :(
So, if there is any Birth details change that anyone wants to be amended in their passport, it is not just by an official birth certificate.
I don't know, where/how to get hold of a "First Class Judicial Magistrate" in the middle of the night.
We have our 485 interview at Baltimore on Apr-06-2005 :D
Just hoping that the officer across the table has Mercy..... :(

Cheers!!!
V!
 
Birth Certificate

nk01 said:
Hello Friends,
I am yet to file for I-485. While preparing documents for the same, I asked my folks back in India to get Birth Certificate from the Govt office. It was then that we realized, my birth records had my name recorded incorrectly. The name in their records have no resemblance to my current name. Those people are adamant on not correcting the records at their end (We showed them my early education certs, paassport copy etc).
Since Birth record does exist, they will also not issue any Non availability certificate. Now I do have Birth affidavits,school records etc with me, but I am really worried that INS might ask me questions on why I have an Incorrect Birth record.
Hence I have decided to file a case against Birth records office in the Indian court and attempt to get it corrected, but in India these things take lots of time. :(

I was just curious whether anyone has faced this kind of scenario. Also if someone knows any other way to get Birth Name corrected, Please let me know. Any pointers in this regards would be extremely helpful.

Thanks in advance
Click to expand...


You can also get your birth certificate from the indian embassy in US. If you are providing affidavit and embassy birth certificate should be fine.
 
karan29 said:
You can also get your birth certificate from the indian embassy in US. If you are providing affidavit and embassy birth certificate should be fine.
Click to expand...

Won't the embassy check with the local concern authorities in India before issing birth certificate!
 
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