RFE generated....help needed

G

gopalag

Registered Users (C)
I got my approval but RFE is generated for my wife's case regarding birth certificate.
Apparently they are not happy with with the Hospital Birth Certificate and the Affidavit from her parents. Now they are requesting a statement from the appropriate Municipal Office stating that no record of her birth exists.

Can someone tell me what exactly they want in the letter from the municipal office. This is such a pain.

Thanx....
-Gopal
 
The rules are pretty clear on this, what you need to provide is one of these:

1. Long form birth certificate from local municipal office (or registrar of births..)
or
2. "non availability" certificate from the same authority plus afidavits from parents or close relatives (who has first hand knowledge of date of your birth) stating the date of the birth.

What I did was, rather than asking for non-availability, I asked them to register my birth (I was suprised it was possible even after 30 years or so after birth) and then they issued the birth certificate.

I know its painful but I wouldn't blame them for this. I have seen people getting approval by using birth certificate issued by the consulates (which is completely not acceptable) but then I have also seen people shoplifting and never got caught.


***************
every I-485 applicant must present a copy of a birth certificate issued by the national or local government. The birth certificate should include the date and place of birth and names of both parents. When a specific document is unavailable, it is advisable to obtain a certificate of non-availability from the local civil registrar.

According to the Foreign Affairs Manual ("FAM"), birth certificates from India are available. Under the Registration of Births and Deaths Act of 1969, births are required to be registered in almost all of the States and Union Territories of India. Birth certificates are available to any applicant born on or after April 1, 1970, upon payment of a nominal fee to the appropriate authority. However, prior to 1970, reporting of births was voluntary. The FAM further states that birth certificates of certain individuals born prior to 1970 may be obtained from the State Registrar General of Births, Deaths, and Marriages. In addition, acceptable certificates can often be obtained from the municipal and rural registration records which are maintained under the state laws, and individuals are usually able to obtain church baptismal certificates.

In cases where birth certificates from the authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant, may be submitted. The affidavit should be signed by a person who can attest to the birth and parentage and explain how that information was acquired. It should set forth the relationship between the deponent and the applicant, how well the deponent knows the applicant, date and place of the applicant's birth, the names of both parents, and any other related facts. Again, such affidavit, when a birth certificate is unavailable, should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist, or no longer exists.

********************

gopalag said:
I got my approval but RFE is generated for my wife's case regarding birth certificate.
Apparently they are not happy with with the Hospital Birth Certificate and the Affidavit from her parents. Now they are requesting a statement from the appropriate Municipal Office stating that no record of her birth exists.

Can someone tell me what exactly they want in the letter from the municipal office. This is such a pain.

Thanx....
-Gopal
Click to expand...
 
Last edited by a moderator:
gopalag said:
I got my approval but RFE is generated for my wife's case regarding birth certificate.
Apparently they are not happy with with the Hospital Birth Certificate and the Affidavit from her parents. Now they are requesting a statement from the appropriate Municipal Office stating that no record of her birth exists.

Can someone tell me what exactly they want in the letter from the municipal office. This is such a pain.

Thanx....
-Gopal
Click to expand...

Submit non-availablility certificate.
 
Complicated RFE on Birth Certificate

I got this one from NSC..

Part of my I-485, I submitted my birth certificate which do not have my mothers name with it. I also submitted two affadivits from my parents. Now I get a RFE from INS as follows.

Gurus, please help, how I can obtain non-availability if I already have a BC which INS does not like.

**********
The documentation submitted is not sufficient to warrant favorable consideration of your petition/application. The following information is required.
You must submit a written statement from a competent civil authority in India that your birth certificate is not available in that country, only then your secondary evidence is considered.

Submit any secondary evidence in your possession to support the information you have provided about your birth and parentage. Secondary evidence will be evaluated for authenticity and credibility. Such evidence may take the form of historical evidence and must have been issued contemporaneously with the event which it documents. Such evidence may include, but is not limited to medical records, school records and religious documents. Affadivits may also be accepted provided that they are sworn to by persons who were born at the time of and who have personal knowledge of the event to which to which they attest. Any affidavits must contain the affiants full name and address, date and place of birth, relationship to the party on whose behalf they are attesting if any and complete details concerning how the affiant acquired knowledge of the even.


********
 
GreenGuy said:
I got this one from NSC..

Part of my I-485, I submitted my birth certificate which do not have my mothers name with it. I also submitted two affadivits from my parents. Now I get a RFE from INS as follows.

Gurus, please help, how I can obtain non-availability if I already have a BC which INS does not like.
Click to expand...

Is your BC from local authority or consulate?
 
BC from local authority

My BC is from local muncipal office. The only problem is the format. It is a one liner with my name, DOB, place and fathers name and is issued in 2001. There is no mothers name, registration date, issue date. It does have a proper signature and seal. I also submitted two affadivits from my parents part of my 485 application.

Now I get a RFE as follows.
**************************
The documentation submitted is not sufficient to warrant favorable consideration of your petition/application. The following information is required.
You must submit a written statement from a competent civil authority in India that your birth certificate is not available in that country, only then your secondary evidence is considered.

Submit any secondary evidence in your possession to support the information you have provided about your birth and parentage. Secondary evidence will be evaluated for authenticity and credibility. Such evidence may take the form of historical evidence and must have been issued contemporaneously with the event which it documents. Such evidence may include, but is not limited to medical records, school records and religious documents. Affadivits may also be accepted provided that they are sworn to by persons who were born at the time of and who have personal knowledge of the event to which to which they attest. Any affidavits must contain the affiants full name and address, date and place of birth, relationship to the party on whose behalf they are attesting if any and complete details concerning how the affiant acquired knowledge of the even.
****************************

It looks like either BCIS did not like my BC format or doubt the authenticity of it. Based on the RFE, for me it clearly looks like providing a non-avail cert with some more school certificates(i have few from L.K.G to 10th grade) would do.

MY attorney thinks providing a proper BC is a better option..

Any thoughts???

-GG


*****
 
goodsaint said:
The rules are pretty clear on this, what you need to provide is one of these:

1. Long form birth certificate from local municipal office (or registrar of births..)
or
2. "non availability" certificate from the same authority plus afidavits from parents or close relatives (who has first hand knowledge of date of your birth) stating the date of the birth.

What I did was, rather than asking for non-availability, I asked them to register my birth (I was suprised it was possible even after 30 years or so after birth) and then they issued the birth certificate.

I know its painful but I wouldn't blame them for this. I have seen people getting approval by using birth certificate issued by the consulates (which is completely not acceptable) but then I have also seen people shoplifting and never got caught.

********************
Click to expand...
Goodsaint,

Sorry for sort of digressing the issue in the original mail a bit, but I want to share my experience with a similar situation and solicit opinions about the right response.

I received a general RFE about birth certificate where the INS has asked to submit the BC for me and spouse [not a single word about the previously submitted BC].

My lawyer gave the reasoning, since we had submitted our BC in the original 485 applications, we need to submit some other Documents as well to look like responding to RFE. [Also he thought, since the BC was obtained much later after the year of birth, showing a late date of registration it probably led to the RFE. ]

Based on that we submitted the Birth affidavits from parents along with the BC, where affidavits only reconfirm what is stated in the BC.

Based on your above reasoning, It appears that late registration can not be cause of the RFE, and also I wonder if the affidavits are going to do any good? Since they are supposed to be used only as secondary evidence when the primary can not be furnished.


If you were me, how would you respond to such an RFE ?

Appreciate your useful inputs,

-CoolRaj
 
gopalag said:
I got my approval but RFE is generated for my wife's case regarding birth certificate.
Apparently they are not happy with with the Hospital Birth Certificate and the Affidavit from her parents. Now they are requesting a statement from the appropriate Municipal Office stating that no record of her birth exists.

Can someone tell me what exactly they want in the letter from the municipal office. This is such a pain.
Click to expand...

My wife also submitted her hospital BC (with no name) with I-485 application. In RFE they asked for affidavits. We did that and it worked. We did not provide any non-availability certificate. I guess it depends on adjucator what he/she wants.

You will get sample NAC format here:
http://www.immihelp.com/docs/nobirthrecord.html

Some municipalities issue brand new BC (based on school certificates, passport or hospital BC), instead of issuing NAC. If you can get that should work for RFE too. You can attach your school certificate too (if that has your name, DOB info).
 
If your existing BC conform to the requirements (contains full name, mother ,father , registration date etc. ... with proper stamp etc.), your lawyer needs to write a letter explaining that the BC (attached again) conforms to the requirements of USCIS. This should be sufficient. To add little more weight, also attach afidavits from parents, and birth certificate from indian consulate (its bogus but no harm attaching it... I have seen people sending this bogus one with 485 and got approved... no question asked).

Sometimes USCIS asks for things already in file. Just give them same info again. Late registration should definately not cause any issue (nothing wrong with it, it is legally allowed by the country issuing BC).


CoolRaj_03 said:
Goodsaint,

Sorry for sort of digressing the issue in the original mail a bit, but I want to share my experience with a similar situation and solicit opinions about the right response.

I received a general RFE about birth certificate where the INS has asked to submit the BC for me and spouse [not a single word about the previously submitted BC].

My lawyer gave the reasoning, since we had submitted our BC in the original 485 applications, we need to submit some other Documents as well to look like responding to RFE. [Also he thought, since the BC was obtained much later after the year of birth, showing a late date of registration it probably led to the RFE. ]

Based on that we submitted the Birth affidavits from parents along with the BC, where affidavits only reconfirm what is stated in the BC.

Based on your above reasoning, It appears that late registration can not be cause of the RFE, and also I wonder if the affidavits are going to do any good? Since they are supposed to be used only as secondary evidence when the primary can not be furnished.


If you were me, how would you respond to such an RFE ?

Appreciate your useful inputs,

-CoolRaj
Click to expand...
 
goodsaint said:
Late registration should definately not cause any issue (nothing wrong with it, it is legally allowed by the country issuing BC).
Click to expand...

Somes cases it does. I think some adjucators are unreasonably picky. I hope they are very few. See this thread:

http://boards.immigration.com/showthread.php?t=129082&page=1

The RFE says:

The documentation submited is not sufficient to warrant favorable consideration of your petition/application. the following information is also required:
The documents you submitted as evidence of your birth were executed so long after the fact they are attesting to that they are considered hearsay evidence. therefore you must submit other documentary evidence.Submit any secondary evidence in your possession to support the information you have provided about your birth and parentage. Secondary evidence will be evaluated for authenticity and credibility.Such evidence may include, but is not limited to, medical records, school records, and religious documents. afficavits may also be accepted provided that they are sworn to by persons who were born at the time of an who have personel knowledge of the event to which to which they attest.
 
its true. it is difficult to argue with a moron IIO who has no knowledge of anything whatsoever. (or any moron for that matter)

since when the definition of hearsay includes "time elapsed" ? they are now questioning the authority and integrity of BC issuing instituition. it sucks.

pralay said:
Somes cases it does. I think some adjucators are unreasonably picky. I hope they are very few. See this thread:

http://boards.immigration.com/showthread.php?t=129082&page=1

The RFE says:

The documentation submited is not sufficient to warrant favorable consideration of your petition/application. the following information is also required:
The documents you submitted as evidence of your birth were executed so long after the fact they are attesting to that they are considered hearsay evidence. therefore you must submit other documentary evidence.Submit any secondary evidence in your possession to support the information you have provided about your birth and parentage. Secondary evidence will be evaluated for authenticity and credibility.Such evidence may include, but is not limited to, medical records, school records, and religious documents. afficavits may also be accepted provided that they are sworn to by persons who were born at the time of an who have personel knowledge of the event to which to which they attest.
Click to expand...
 
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