rfe for birth certificate

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greatbcis

Registered Users (C)
hi guys,

need some help.... i received a RFE for my I-485 case (WAC # 01-275-xxx) and one of the required evidence is birth certificate stating "timely" registration.... now the birth certificate i have was recently made in India with obvious date of couple of years back - but stating date of birth with other particulars required by BCIS....

has any run into similar kind of problem?.. if so what was the resolution... per my lawyer, submitting an affadavit of birth by people present at time of birth should work in lieu of timely registration of birth... people from india would be aware that around 20-30 yrs back registring birth was not that of a high priority.. so getting a birth certificate registered soon after the birth might be a bit tricky.. or 'm i the only one in this boat?

thanks,
 
BCIS has operations manuals for field officers telling them which year it became manadatory in India to register births timely. I have forgotten when that is, but some time in the 1970's there was an act, or amendment to an act.

It will be easier with an affidavit if your birth was before the 70's I guess. Anyways, according to acceptable norms by BCIS, 2 affidavits, and an official communication from the municipality that no record of timely registration of birth exists (called a non-availability certificate) should be OK. Even better if the municipality can state that the birth was registered at a later date.

Another option is to obtain a court order in India directing the municipality to register the birth, and then providing BCIS with a translated copy of the court order as well. Since you already have a birth certificate, this might be difficult to do.
 
thanks niladri30... this is good information... actually my year of birth is 72.. so i guess, would need to get couple of affadavits and a non-availability of birth certificate at that time from the municipality....?
 
hi prakash12322,

i think certificate from consulate is not acceptable by BCIS, since in RFE they mention birth certificates issued by consulates are not acceptable.... from some serching on the web, what niladri30 mentions is more on US DOS guidelines for documents acceptable for people from india.... here's the ref link for that..

http://www.foia.state.gov/masterdocs/09fam/09Cindia.pdf
 
Birth Certificte issued by Indian Consulate is usless for INS/BCIS purposes

Birth Certificate (or non-availability certificate) issued by Registrar of Birth/Death from local government authority is only document acceptable by INS/BCIS. Regards,
-Anand
 
Hi Guys,
I have been trying to get a birth certificate but after reading greatbcis's mail i am wondering if that is a good idea.What other option do i have.I was born in Patna and you all can imagine how difficult it is going to be to get any records from there. Will the two affidavits along with the birth certificate work.

My husband has a birth certificate but his name is not mentioned on it.What is to be done in his case.

Please help.

Thanks
 
hi sripri25,

from what i perceive from the US DOS guideline for acceptable documents is - affidavit of birth along with a document stating "non-availability" of birth certificate from a govt authority in india should work....

you might want to confirm that with you lawyer too... i'm still waiting for my lawyer to get back to me to verify above....

could you please let us know what your lawyer says about this... probably this will help people in future as 'm sure there would be quite a few people out there in the forum riding in the same boat as us! :)... i'll also update as and when i hear from my lawyer..
 
The best thing to do would be to get a couple of affidavits, from your parents stating your correct date of birth and duly notarized. Failing which you can get one from an old family friend or elderly relative who is willing to swear to the same. Shouldn't be a problem.

greatbcis,

I am probably in your shoes, though haven't received my RFE yet. For some reason, my Birth Certificate was lost, so had a new one made, but it is only a year old. I also provided the lawyer with an affidavit signed my parents, so expecting a RFE for sure. Don't know when, but it will come. :) Let me know how your case turns out.

Good luck!
 
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I might also get an RFE for this. My birth certificate is just 2 yrs old.

Can anyone please post the format of the affidavit to be signed by parents.

thanks
 
It would be hard to find people who are not on this boat. I mean who registered boats back in the 60s and 70s? Our makers just didnt anticipate that someone would have to verify the make and model of their little darlings. Since RFE is nowadays welcome, I am assuming that the more mistakes one makes filing 485, the better their chances are...
 
This may be one of such a case..

I know lots of ppl who were approved without rfe despite having obtained the certificate in last two years.

I seriously doubt if lots of us will receive this kind of RFE. Otherwise as somebody mentioned 2 evidence of supporting documents do, like affitdavit from close relatives or your school leaving document. My lawyer submitted these as my mother name was missing on the birth certificate.
 
I guess I too in the same boat, I got mine last year. But, one thing that may stop RFE is one sentence the Rigistrar mentioned.

He stated that " This information is taken from birth records we have from the date 'day month year' ( my birth date) at this office."

I'll let you know guys, if I have any update.

For my wife, there is no name on the Birth Certificate and is also new, so we got two affidavits from her parents and couple of more affidavits from her uncle and a family friend.
 
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