Non-availability Certificate/Indian consulate

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kulbikr

Registered Users (C)
I was told by my lawyer that the affidavits by my parents and the school leaving birth certificate will not be enough and that I needed a non-availability certificate from my government. Now I have heard that the Indian consulate General at New York provides a Non-availability certificate and a Birth certificate based on your passport. Has anyone used this for filing with I-485? Any experiences with this would be appreciated. Getting a non-availability certificate from where I was born is not feasable for my parents so would the certificate from the consulate work?

Please help. :confused:
 
kulbikr said:
I was told by my lawyer that the affidavits by my parents and the school leaving birth certificate will not be enough and that I needed a non-availability certificate from my government.

Now I have heard that the Indian consulate General at New York provides a Non-availability certificate and a Birth certificate based on your passport.
---------- that is NOT accepted by USCIS. FYI consulate dont provide Non-availability certificate they only provide Birth certificate based on the info on passport and that is not accepted by USCIS
Has anyone used this for filing with I-485? Any experiences with this would be appreciated.
Getting a non-availability certificate from where I was born is not feasable for my parents so would the certificate from the consulate work?
** why not feasible? what is your birth place or state ?
-----------Non-availability of birth certificate from consulate will not be accepted. Get the Non-availability of birth certificate from village Panchayat, Municipality or district registrar of births. If your Non-availability certificate is in Indian language then get translated by notary from India on stamp paper. Where were you born? Village, city??? I may help you how to get it
Please help. :confused:
Click to expand...
 
I was born in Jammu....J&K. Is there anyway it can be done from here. I did a lot of browsing from the other sites and seems like the non-availability certificate IS required. I will ask my parents to try and get it from these places. I have the format of the certificate so lets see what happens. Bummer I was hoping to get my EADs pretty soon....damn it. Its funny the US will accept our passports as authentic but will not accept the birth date on it as authentic.....lol.....talk about being dense. They will accept a certificate from an unknown muncipality from India but not a birth certificate given by the Indian Consulate in India.....LOL.....I just think its to make the process as slow as possible......anyways.....lets see...
 
kulbikr said:
I was born in Jammu....J&K. Is there anyway it can be done from here. I did a lot of browsing from the other sites and seems like the non-availability certificate IS required. I will ask my parents to try and get it from these places. I have the format of the certificate so lets see what happens. Bummer I was hoping to get my EADs pretty soon....damn it. Its funny the US will accept our passports as authentic but will not accept the birth date on it as authentic.....lol.....talk about being dense. They will accept a certificate from an unknown muncipality from India but not a birth certificate given by the Indian Consulate in India.....LOL.....I just think its to make the process as slow as possible......anyways.....lets see...
Click to expand...
--------------- call up your parents/relative/friend or any lawyer in Jammu. he can go to Jammu municipality and the clerck in municipality will ask for application for birth records, your name(as on passport Kuldip Kaur or Kulbir kaur?) daughter of... date of birth. he will take the application and will tell to come next week but if your relative/friend/parents can give him 200 to 300 Chai-pani he will give the non-availability certificate next day. if you tell the clerk it is for US or Canada then one has to pay more chai pani. just tell that it is need for JOB.
 
Thanks for the vote of confidence ginnu.....will call up my parents and see what they can come up with. We no longer stay there as we have moved to Maharashtra about 25 years ago. We still have some relatives there but the thing is to co-ordinate it from here takes a hell of a lot of time. I was hoping to have my I485 RD by this week.....ah well!!! :mad:
 
Quick Question

Should the person giving the Affidavit be living in the same city as your birth place?

I was born in Vizag and my parents moved to Hyderabad when i was 2 years old and both my parents passed away last year . I do not know any relative living in Vizag since most of them are in Hyderbad .Can they give me an affidavit .
Ps my passport states I was born in Vizag
 
Last edited by a moderator:
kulbikr,
I submitted a non-availability from SF consulate along with affidavits and waiting to hear. I will let you know
 
kulbikr said:
Thanks for the vote of confidence ginnu.....
will call up my parents and see what they can come up with.
We no longer stay there as we have moved to Maharashtra about 25 years ago.
----------- just write them in plain Hindi language 1 go to municipality office 2 ask for non Ava certificate, if asked give application(anybody can write the application) 3 pay they Chai Pani, get the certificate( it will be just typed paper) and then your parents can recive the certificate by mail and get it translated by Notary in Maharashtra(will charge 100) then mail you orignal + Notarized translation, submit the COPY of Notarized translation and COPY of original non-availability + Copy of affidavits of your parents. Keep all-original with you
I was hoping to have my I485 RD by this week.....ah well!!! :mad:
Click to expand...
------------ IF you have filed I-485 wait for the RFE then submit. if filing I-485 get the papers it can reach you in 15 - 25 days
Good Luck!!
 
Last edited by a moderator:
rajanrk said:
kulbikr,
I submitted a non-availability from SF consulate along with affidavits and waiting to hear. I will let you know
Click to expand...
--------- you may get RFE, get non-availability from the place of birth
 
gz71 said:
Should the person giving the Affidavit be living in the same city as your birth place?
-------------NO
I was born in Vizag and my parents moved to Hyderabad when i was 2 years old and both my parents passed away last year .
I do not know any relative living in Vizag since most of them are in Hyderbad .
Can they give me an affidavit .
---YES, make sure On affidavits they must write your name as on your passport, date of birth as on passport, you were born at (place of birth as on passport) on date…… to your mother (her maiden name and married name, your father name. Relationship to you and your father or mother. Let the lawyer who type the affidavit cover all the info
Ps my passport states I was born in Vizag
Click to expand...
 
Thanks for the great responses.

No I havent filed my I-485....my lawyer is holding my papers for my decision. They have advised that I get a non-ava cert before I submit.

Right now I have 3 affidavits each for me and my wife now....(Mom, Dad and a relative present at birth). I also am attaching both our school leaving (SSC) certificates that show our birth date clearly.

In addition I am getting the Birth Date certified from the Indian consulate in Chicago.

I AM going to submit the I-485 next week with all these documents and hope that by the time they get to evaluating my forms the non-ava comes in or that they never ask for a non-ava.

In the meanwhile I have set the dice rolling to get the non-ava certificates for me and my wife. I am not very optimistic of getting those before the month is over (even more). I dont want to wait that long to file the I-485. If they want more documents than these then so be it we will cross that bridge when it comes or IF it comes. I have seen a lot of people of various forums who have gotten by with less. Hope everything works out.
 
kulbikr said:
Thanks for the great responses.

No I havent filed my I-485....my lawyer is holding my papers for my decision. They have advised that I get a non-ava cert before I submit.

Right now I have 3 affidavits each for me and my wife now....(Mom, Dad and a relative present at birth). I also am attaching both our school leaving (SSC) certificates that show our birth date clearly.

In addition I am getting the Birth Date certified from the Indian consulate in Chicago.

I AM going to submit the I-485 next week with all these documents and hope that by the time they get to evaluating my forms the non-ava comes in or that they never ask for a non-ava.

In the meanwhile I have set the dice rolling to get the non-ava certificates for me and my wife. I am not very optimistic of getting those before the month is over (even more). I dont want to wait that long to file the I-485. If they want more documents than these then so be it we will cross that bridge when it comes or IF it comes. I have seen a lot of people of various forums who have gotten by with less. Hope everything works out.
Click to expand...
------------- you can submit the I-485 and IF they send RFE later then provide non-ava certificates.
 
rajanrk said:
kulbikr,
I submitted a non-availability from SF consulate along with affidavits and waiting to hear. I will let you know
Click to expand...


I'm doing GC for my parents. I'm also trying that route. Me and my parents received RFE for BC. I got in SF Indian consulate for these BCs.
Will it be sufficient?

Thanks
 
sooriyan said:
I'm doing GC for my parents. I'm also trying that route. Me and my parents received RFE for BC. I got in SF Indian consulate for these BCs.
Will it be sufficient?

Thanks
Click to expand...

USCIS will NOT accept Birth certificate issued by Indian consulate. Indian consulate issue the BC based on passport information and that is not accepted by USCIS and you will get RFE. Your parents need to get Non availability certificate from Municipality or District registrar of Birth from India. Once get Non availability certificate and if that is not in English language then get it translated in English on stamp paper by notary in India + get two affidavit by parents or relatives on stamp paper and signed before Notary. The info on affidavits should match withDate of Birth and place of birth as on passport.
Send the copy of Original Non availability certificate+ Translated copy of Non availability certificate+ 2 copies of the 2 affidavits to USCIS.
 
I have a related question...

In a previous thread, a poster has posted this RFE for his I-485:


2. The birth certificate submitted with the application was late registered. Therefore, please submit the oldest
available evidence which establishes your birth and parentage. This evidence may include, but is not limited to:

a. Hospital birth records which name the child and both parents.
b. Medical records which name the child and both parents.
c. School records which name the child and both parents.
d. Census records which name the child and both parents.
e. Religious records in the form of a certificate under the seal of the organizationwhere the
baptism, dedication, presentation or comparable rite occurred following the birth, showing
the date and place of the child's birth, the date of the religious ceremony, and the
names of the child's parents.

Now what does "late registered" mean? My BC was registered by my parents when I was 3 years old - about the time I started school. Would that be considered late registered too? I would assume the birth has to be registered within one year, as is the case in most other US government documentation?

And in that case - how would one obtain a Non-Availability certificate if a BC is available ... but registered 3 years after the birth? As most of us know, Indian institutions don't usually have both parents and child name ... if they even bother to have any documents...
 
DesiG said:
I have a related question...

In a previous thread, a poster has posted this RFE for his I-485:


2. The birth certificate submitted with the application was late registered.
--------------------It means that the birth was not registred at the time of birth and they may have registred his/her birth late or may have registered Birth now to get Birth certificate.
Therefore, please submit the oldest
available evidence which establishes your birth and parentage. This evidence may include, but is not limited to:

a. Hospital birth records which name the child and both parents.
b. Medical records which name the child and both parents.
c. School records which name the child and both parents.
d. Census records which name the child and both parents.
e. Religious records in the form of a certificate under the seal of the organizationwhere the
baptism, dedication, presentation or comparable rite occurred following the birth, showing
the date and place of the child's birth, the date of the religious ceremony, and the
names of the child's parents.

Now what does "late registered" mean?

----------------read above.
My BC was registered by my parents when I was 3 years old - about the time I started school. Would that be considered late registered too? I would assume the birth has to be registered within one year, as is the case in most other US government documentation?
-----------------------may be your birth certificate is ok with USCIS.

And in that case - how would one obtain a Non-Availability certificate if a BC is available ... but registered 3 years after the birth?
---------------- you cant get Non-Availability certificate as Birth is registred.send copy of BC, copy of educational certificate that has birth date on it or also get 2 affidavits (get affidavits on stamp papers and signed before executive magistrate or Notary) send the copy of affidavits if they ask.
As most of us know, Indian institutions don't usually have both parents and child name ...
-------That is correct and sometime the name of parents may be wrong or Spelled wrong and one can send the above documents. better to have 2-3 affidavits ready.
if they even bother to have any documents...
Click to expand...
-------------------------
 
gave response to Ginnu

Ginnu, I gave a reply to yr questions on subforum "...AC21 portability" under "converting to consular process" subject, i need some advice or any suggestion what to do at this moment please...

Thanks in advance.
 
Planning to sponsor gc for my parents. Dad was born in Burma( now Myanmar) but is an Indian citizen, I got a no birth record available from Embassy of Myanmar at Washington. Can I use that to submit as proff of birth + passport etc.
 
A Non-Availability Certificate (NABC) is issued by the municipal authorities in India if no birth record exists for an individual. If you're in the US and unable to obtain the NABC directly, the Indian consulate can provide a Certificate of Nativity or a similar document based on available records, such as your passport or parental affidavits. However, the consulate's document may not substitute the NAC for legal purposes in India, where the municipal NABC is required. Consider engaging services like NRIWAY to facilitate obtaining the NABC from India.
 
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