RFE on Birth cert

N

NSE485Sep03

Registered Users (C)
An RFE was issued for my non avail of birth certificate as i did not submit one along with my i-485 application. I did submit affidavits from my parents stating my DOB. It was also mentioned in the affidavit that my birth was not registered.
Now when i tried to get the non-avail to answer to the RFE, it looks like my birth was registered and they are giving me a birth certificate but not non-availability cert. What do i do now as my prior affidavits stated that my birth was not registered and the RFE is asking for a non-avail.
Any suggestions are welcome.Thanks
----------------------------------------------------------------------------------------
140/485/concurrent/Sept 03/Labor sub/EB3/PD x'fered from orig labor is july 2002
140 approved end of Oct 04
----------------------------------------------------------------------------------------
 
Last edited by a moderator:
NSE485Sep03 said:
An RFE was issued for my non avail of birth certificate as i did not submit one along with my i-485 application. I did submit affidavits from my parents stating my DOB. It was also mentioned in the affidavit that my birth was not registered.
Now when i tried to get the non-avail to answer to the RFE, it looks like my birth was registered and they are giving me a birth certificate but not non-availability cert. What do i do now as my prior affidavits stated that my birth was not registered and the RFE is asking for a non-avail.
Any suggestions are welcome.Thanks
----------------------------------------------------------------------------------------
140/485/concurrent/Sept 03/Labor sub/EB3/PD x'fered from orig labor is july 2002
140 approved end of Oct 04
----------------------------------------------------------------------------------------
Click to expand...

It certainly makes this a little inconsistent.

Try this....at the local birth registrar's office try to do a new registration and ask for a birth certificate based on that. Even though your birth was registered there may be several things not correct in that registration, e.g., name, place of birth, parent's complete name etc. If your new registration is accepted, the birth certificate would show the new registration date and then you would be OK to provide this.

Alternately, just use the birth certificate based on original record and either wait for another RFE to respond or include a letter now itself explaining why there is inconsistency.

This, however, may be worth going with the lawyer's advice. I have noticed that lawyers typically do not analyze these things themselves but let the officer analyze and ask for additional information if the officer feels necessary.
 
My lawyer suggested that we put a document explaining the fact that we found the records of my birth when a search was done and submit this too along with the birth cert.
Any risk involved here? Could there de a direct denial?
 
NSE485Sep03 said:
My lawyer suggested that we put a document explaining the fact that we found the records of my birth when a search was done and submit this too along with the birth cert.
Any risk involved here? Could there de a direct denial?
Click to expand...

I don't think so. I got a RFE even though I submitted the non-available certificate
with 2 affidavits. If you found your birth record, this is the best thing that could
happen to you. Take your lawyer's suggestion into consideration. Mind that
the birth certificate shoudl be from the Municipality (govt) and should display
your name, DOB, place of birth (should match your passport), father's name and mother's name.

Hope this helps.
 
4gc,
Could you share with me what your RFE was about?
Is it better to get a non-avail if the muncipality is willing to do so?
 
NSE485Sep03 said:
4gc,
Could you share with me what your RFE was about?
Is it better to get a non-avail if the muncipality is willing to do so?
Click to expand...

I don't have the RFE doc with me. According to my attorney they were asking for
more proof besides non-available certificate + 2 affidavits. She said I am a person
as far as she knows to get a RFE even though the necessary documents were
submitted. She was also saying that most Indians without DOB certificate are
getting RFEs.

I submitted my 10th class marks certificate, my drivers license (India) and
another affidavit from my uncle. These did it. They approved my case in 10 days.
 
I will be able to answer to the RFE only in the first week of Jan. Does this mean that i have to wait for my PD to be current or will they process my case immediately as my case was opened before jan 05. Thanks.
 
NSE485Sep03 said:
I will be able to answer to the RFE only in the first week of Jan. Does this mean that i have to wait for my PD to be current or will they process my case immediately as my case was opened before jan 05. Thanks.
Click to expand...

In my opinion should not take effect if you have a RFE. Once you produce these papers
you case should be approved in a months time. Now-a-days they are taking not more
than a week or two.
 
You must log in or register to reply here.
Top