RFE - BC (I485) /AOS on visitor

[tigerclaws]

Hi,

I received a RFE for BC for my mom's I485. I had filed a BC that I had obtained from the consulate general of NY. Here is my dilemma .

- My mom's BC does not have her name and my grandfather/grandmother's name are misspelt (by an alphabet) i.e. they don't match with the passport particulars
- I have a copy from the municipal authority that they don't add the name to the BC after 15 years of the event.
- I have a copy of her school leaving certificate that has her birth date as well as the correct mom's and dad's name.

What should I do?

1. Should I submit the copy of my mom's BC with the letter from the municipal authority saying that the name cannot be added?
2. Should I also submit the school leaving certificate as secondary evidence?
3. Should I also try to get two affidavits done from my home country by her siblings?
- If i do get the affidavit, can I get it done by her siblings that are around 2-3 years older than her or is it recommended that someone like her uncle do the affidavit.

Appreciate if someone could get back to me if you have had similar experiences.

Thanks in advance.

 

[vinayakk]

Hi,

1. Should I submit the copy of my mom's BC with the letter from the municipal authority saying that the name cannot be added?

Submit the certificate from Municipal authority. I doubt if you will find someone with similar experience. My mother's name was spelled differently on the BC than on the passport. Needless to say the passport one was the right one. But eventually it didn't make any difference.

2. Should I also submit the school leaving certificate as secondary evidence?

School leaving certificate is probably not counted as a valid proof. No harm in submitting it but it may not count at all.

3. Should I also try to get two affidavits done from my home country by her siblings?
- If i do get the affidavit, can I get it done by her siblings that are around 2-3 years older than her or is it recommended that someone like her uncle do the affidavit.

Appreciate if someone could get back to me if you have had similar experiences.

Thanks in advance.

Affidavits will help. Preferably from someone who is elder to your parents.

Vinayak

 

[second stage]

- I have a copy from the municipal authority that they don't add the name to the BC after 15 years of the event.

You need to get a NABC(Non-Availability of Birth Certificate) from the municipal authority.
Also, get 2 affidavits from someone older than your mom.

 

[tigerclaws]

You need to get a NABC(Non-Availability of Birth Certificate) from the municipal authority.
Also, get 2 affidavits from someone older than your mom.

I will not be able to get the non-availability since the BC is available albeit without the name. As per the latest municipal circular, a name cannot be added to the BC after 15 years of the event happening. I have a copy of the circular that I am planning submit.

 

[tigerclaws]

Here is my plan as of now.

- Submit the BC that I have for mom (does not include her name and my grandparent's names have been misspelt)
- Submit a copy of her school leaving certificate that has her date of birth and the grandparent's correct name
- Submit a circular from the municipal authorities that says that a name cannot be added after 15 years of the event
- Submit two affidavits from her older siblings as per the format available here.
- Submit a copy of the BC (again) that was issued by the consulate general of India-NY.

How about submitting a copy of her US visa that has her birth date mentioned?

 

[second stage]

I will not be able to get the non-availability since the BC is available albeit without the name. As per the latest municipal circular, a name cannot be added to the BC after 15 years of the event happening. I have a copy of the circular that I am planning submit.

Am a little bit confused here.
If you have a BC and it does NOT have her name, how does anyone verify that its her BC?

Adding her name to BC has nothing to do with getting the NABC. Did the municipal authorities verify that the BC without her name is indeed her BC? If so. how? maybe that document might help.

 

[tigerclaws]

The municipal authorities will only give you what is on the record. The non-availability is only where the registration records are not available. In my mom's case, the name of the child was not specified when the birth was registered and that is the reason for a blank.

I can try to get a non-availability but I know they will not give one since the BC is available albeit incomplete.

 

[onlyriz]

BC from consulate is ususally not accepted as primary evidence of birth because it is based of your passport which is only a secondary evidence of your birth.

Try getting NABC. Since your mother's name is not registered, you may be able to get one. If not, sumbit the BC that you already have along with all the secondary evidences such as school records, old National IDs, consulate issued BC, and affidavits etc.

 

[AswinPE]

Can you clarify what is required by USCIS - their exact wording. My name was also mis-spelled for my 485 and then citizenship. However, I had attached a notarized letter from my parents with the correct information. I did not receive a RFE. Instead of confusing USCIS, my suggestion is to attach the BC and two notarized affidavits.

- Do not consider this as a legal advice.

 

[vinayakk]

I would also suggest attaching the BC with affidavits from 2 relatives. You can also attach the circular from Municipal corporation that states that the name cannot be added to the BC but the first 2 sets of documents are more important.

Vinayak

 

[VASU120]

You need either BC or NABC

Second stage is right, USCIS is very specific about BC with name, date of birth,place, parents names.

My mother got RFE for BC ...Her birth was not registered and we left place some 30 yrs ago, with great difficulty we got NABC and submitted.

Sorry to be pessimestic, 99% you will get RFE for BC if you submit without name. If you plan submit anyway then better to submit 2 affidivits of birth from grand parents/maternal uncles/aunts/ who ever is elder to her.

Vasu

The municipal authorities will only give you what is on the record. The non-availability is only where the registration records are not available. In my mom's case, the name of the child was not specified when the birth was registered and that is the reason for a blank.

I can try to get a non-availability but I know they will not give one since the BC is available albeit incomplete.