Question regarding birth certificate.

[sceptic]

Anybody can give a clear idea how many affidavits (birth) are needed for indian nationals while applying for I-485? I know under the suppliment 1 to OF-169 "special information for persons born in India and Pakistan" says affidavit must be excecuted by mother primarily, then father or close relative if neither alive.

If one need a second affidavit who is eligible to give that? Do we need a certificate of nonavailabilty in addition to the affidavits? I do have one affidavit of birth excecuted by my mother. But now my attorney says I have to produce 'two' in addition to certificate of nonavailability. Does a copy of school certificate showing date of birth substitute an affidavit or nonavailability certificate?

Your inputs are highly appreciated. Thanks in advance.

 

[usnycus]

What if Birth certificate is not available?

In cases where the birth certificate record is unavailable from the authorities, then a sworn affidavit by EITHER of the parents is required. In case they are no longer alive, then any close relative (like uncle, or a close family friend) older than the applicant may provide such affidavit.

This affidavit must be accompanied with a certificate of Non availability or No record of the birth certificate from the concern district office/government authority.

If the affidavit is provided by the relative, it must state the relationship with the applicant, how well the person/deponent knows the applicant, date and place of the applicant's birth, names of both the parents, and any other related facts.

In few cases, where the parents are not alive, you may be required to provide 2 separate affidavits from two different persons.

Requirements in brief:
1. Non-Availability Certificate from the Municipality/Government authority of the place where the applicant was born. It should state/confirm that the birth record/certificate does not or no longer exists.
2. Affidavit.

Note: The attorney who is handling your case should also be able to provide more information and advise on this matter

Also copy of school certificate showing date of birth does not substitute an affidavit or nonavailability certificate.

 

[sceptic]

Thanks.

Thank you usnycus, for your detailed reply. I have one affidavit from my mother. But my attorney says I have to produce two affidavits from two different persons (from father and mother, for example). What I understood from your reply is that, if the parents are alive and have an affidavit from mother, we need to produce only one. Please clarify.

By the way, one of our friends submitted only one affidavit and a copy of the front page of the school leaving certificate which has the date of birth, and without any problem their GC is approved. I thought the same applies to our case also, so tried to get only one affidavit. Anyway I am trying to get one more and our filing I485 will be delayed.

Thank you once again for your inputs.

 

[usnycus]

If parents are alive, only one affidavit is required. I will suggest you to get one more if your attorney telling is you.

Also school certificate is not acceptable by INS.