Non Availability certificate

S

sonu kumar

Registered Users (C)
Hi,
I had filed for my parents AOS. Since they didn't have birth certificates or marriage certificate, I had sent affidavits for all of those. However, I got a RFE to send Non Availability Certificate for Birth Certificate. Can anyone tell me what information this certificate must have? Is there a sample I can use? Although they asked for Non Avaiability of Birth Certificates, should I also send it for Marriage Certificate even though they didn't ask ?

Thanks in advance
Sonu
 
Secondary evidence of the birth date or an affidavit is permissible only if a birth certificate is not available or cannot be obtained from the local muncipality or corporation where the birth took place.

In this situation, you should obtain a non availability certificate from the local muncipality stating that there is no birth record available for the person on the specified date. Also, if the non availability certificate is not in english, it needs to be translated.

You can get a template of the non availability certificate here.

Since it takes time to get these documents, you are better off starting the process immediately so as to respond to the RFE in time.
Also, if your parents are from India and were born before birth registration became mandatory as per Indian law, you can mention that in the RFE response.

Good luck.
 
sonu kumar said:
Hi,
I had filed for my parents AOS. Since they didn't have birth certificates or marriage certificate, I had sent affidavits for all of those. However, I got a RFE to send Non Availability Certificate for Birth Certificate. Can anyone tell me what information this certificate must have? Is there a sample I can use? Although they asked for Non Avaiability of Birth Certificates, should I also send it for Marriage Certificate even though they didn't ask ?

Thanks in advance
Sonu
Click to expand...

Hi..

I presume you are from India. One of our Indian friends in california had the same problem. He had taken the help of a lawyer to process his GC. Right in the beginning the lawyer had advised him to get a Non availability of Birth Certificate from a Govt agency, since his parents do not have a formal birth certificates and had produced Notarised Affidavits which the lawyer said wont suffice USCIS requirements and might get a REF. Since his parents' passports were issued by Indian Consulate at Sanfrancisco my friend contacted the Consulate by E mail and the consulate advised him to send an application to that effect along with $20 fee each and the passports. Our friend followed the instructions and within 10 days he got the passports back along with a letter stating that prior to 1969, there was no infrastructure available in India and it was not a requirement to register births and hence birth certificates are not available. The letter also mentioned the date of birth as per the passport.

You may like to contact Indian Consulate in your jurisdiction for any help. Just browse the web site of Indian Consulate at SanFrancisco, you will get some idea. As I had mentioned, my friend's parents' passports were issued here in San Francisco. I do not know if the Consulate will still help you, if your parents' passports were issued in india. However it is worth trying your luck. I understand the vice consul one Mr Vijayan Machingal is very prompt in replying E mails and issuing letters promptly..

Good luck.
 
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birth certificate affidavit

Is it not ok to have an affidavit (self affidavit but solemnly affirming on stamp paper) in lieu of birth certificate?

Thank you.

Shri g.
 
Affidavit for Birth certificate

shri ganesh said:
Is it not ok to have an affidavit (self affidavit but solemnly affirming on stamp paper) in lieu of birth certificate?

Thank you.

Shri g.
Click to expand...

I don't think self affidavit will suffice the USCIS requirement. If you do submit your own affidavit, I guess there will be a RFE which means further delay. Our lawyer had cetegorically said that we need formal birth certificates or two affidavits each and a letter from a Govt agency confirming the non availability of Birth certificates. The affidavits have to be on stamp papers duly signed by a notary. And they should be from two persons who are related to you(Parents, uncles,aunties etc or even close family friends who had witnessed the event of your birth). You do require two affidavits per applicant.

The above info was provided by an Immigration attorney.
 
self-affidavit with additional proof

the additional proof is the college leaving/graduation certificate that shows the birthdate.

the self-affidavit mentions passport as well as this certificate.

the affidavit is just one more thing we did for surity. i think the college leaving certificate normally suffices in such cases.

shri g
 
shri ganesh said:
the additional proof is the college leaving/graduation certificate that shows the birthdate.

the self-affidavit mentions passport as well as this certificate.

the affidavit is just one more thing we did for surity. i think the college leaving certificate normally suffices in such cases.

shri g
Click to expand...


Anything other than birth certificate is considered secondary proof. For secondary proof to be considered, you need to show that the primary proof (birth certificate from local muncipality/corporation) is not available.

Without the non availability certificate, secondary proof is irrelevant regardless of how many documents show the birth certificate. In fact, even the passport cannot be used as proof of birth date.

Also, there is no concept of self affidavit. The affidavit should be done by someone who was a major at the time when the birth took place and who has concrete information pertaining to the circumstances related to the birth.

If you do not have a non availability certificate, please do get it now as it will surely lead to an RFE at a later point of time if you do not submit one now.

Good luck.
 
non-availability from the local office in native language

Thanks. We searched again through all the documentation and got our hands onto non-availability (states that the birth was not registered) of certificate.
but it's in native language. i got to translate it now - any help getting a service in Bay Area would be helpful.

will try consulate of India in San Fran.

shri g
 
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