RFE on Birth Certificate for Mothers GC

A

andhrodu

New Member
Hi,

I'm a US citizen and I have sponsered my mother for Family based Green Card. Since my mother did not have birth certificate, we have obtained the Passport based birth certificate from Indian consulate at Washington D.C. The application received a query for my mother's and my birth certificate.

Muncipality in India issued a birth certificates for my mother and myself with the last month registration date. So I want to check with you if you forsee any problem, if we submit these birth certificates?

Since I need to respond to the INS query by the end of this month, I appreciate any immediate response in this regard.

Thanks,
 
andhrodu said:
Hi,
Muncipality in India issued a birth certificates for my mother and myself with the last month registration date. So I want to check with you if you forsee any problem, if we submit these birth certificates?
Click to expand...

So did you order but not yet receive BC from India? (I'm unsure what you mean with "last month registration date") As long as those BC are certified (stamped by a civil registry official) and translated in English, you should be fine.

If you are still waiting for those BC, do you have any reliable family nearby your town in India that may be able to pick up a new BC (request another one), and email you a copy? (That's what I ended up doing after my originally requested BC didn't get here in reasonable time - still waiting for it)
 
andhrodu ,

hope someone can help you with your query.

Sorry I am not answering your question but need some help from you.

How do you apply for passport based birth certoficate.

I am seeing form at http://www.indiacgny.org/documents/1078419149_content.pdf

and notice that it is for person resident in one of these states.
My mother is in one of these states listed in the form with us on visitors visa.
Do you fill in this form to get her passport based birth certoficate?

Thanks
Subbu
 
subbu55 said:
andhrodu ,

hope someone can help you with your query.

Sorry I am not answering your question but need some help from you.

How do you apply for passport based birth certoficate.

I am seeing form at http://www.indiacgny.org/documents/1078419149_content.pdf

and notice that it is for person resident in one of these states.
My mother is in one of these states listed in the form with us on visitors visa.
Do you fill in this form to get her passport based birth certoficate?

Thanks
Subbu
Click to expand...


Subbu - Yes, you can apply since she is "resident" in one of these states as needed by the embassy/consulate, even if she is on Visitor Visa. The Indian consulate is supposed to help in such matters. I had used the same form to receive a similar document (Non-availability of birth registration) for my dad. Hope this helps.
 
iland39,

Thank you so much for your response. I will work on getting the birth cert from consulate.

Can you tell me how you used it to get non availability letter ? Where did you get the non availability letter.

Thanks
Subbu
 
subbu55 said:
iland39,

Thank you so much for your response. I will work on getting the birth cert from consulate.

Can you tell me how you used it to get non availability letter ? Where did you get the non availability letter.

Thanks
Subbu
Click to expand...

Subbu - Here was my situation: I had an original letter in Indian language for the non-availability of birth registration for my dad from the Municipality of town of his birth. This i had translated into English using a language service agency in the USA (Trustforte language services - paid $85 for the same) and enclosed copy of original indian language doc and its notarized english translation in the I-485 AOS package. This triggered an RFE asking for additional proof for lack of birth certificate/non-registration of birth :eek:

Hence, after talking with an immigration lawyer, i decided to visit the Indian Consulate in NYC and requested them after filling the SAME form that you refer to in the link above, i needed for them to write me a letter stating that Indian passport holder # xxx, being a citizen of India, it would not be possible for his brith to be registered since he was born prior to 1969, the year the Indian Birth registration Act was passed, which made birth registrations mandatory and that they certify based on Passport records that DOB was what was mentioned in his passport.
I had to literally tell the Indian consulate person the format of the text needed. They are not very familiar with writing such documents :o
Anyways, they did so very well and gave me the letter same day after 4:30pm. I used that letter in my lengthy response to RFE (hired the lawyer's firm for response to RFE). Sent in response end of March 2008 and got his GC approved within days of USCIS receiving the response :) I guess sometimes lawyers getting involved is a good thing ;)

Any questions, please let me know.

andhrodu - you should be fine with copies of those birth certificates that the Municipal authorities sent you from india ( with last month's registration dates) + the letter from the Indian embassy in DC. (what you allude to as Passport based birth certificate). As you can see, i pretty much got the same document done for my dad. Please send them copies, if notarized. You never know when they might ask for further proof :(
 
Last edited by a moderator:
iland39,

Thank you so much. The letter you got from NY consulate is exactly what I will need since in my mothers case too munipal corp is not giving us non availability letter.

However we stay in Ohio so not sure how I will be able to communicate about this letter to consulate since I going there personally does not look like easy option to me.

Any tips?

This portal is too good. It helped me a lot during our GC process and now when I come back here after 5 + years I still feel the same about this website and people on this website.

Subbu
 
iland39,

I am thinking along with form at I will send letter asking them to send me letter that you have mentioned in your post. and request them to send me such letter along with birth certificate.

Can you please send me draft of letter that you got?

Thanks,
Subbu
 
subbu55 said:
iland39,

I am thinking along with form at I will send letter asking them to send me letter that you have mentioned in your post. and request them to send me such letter along with birth certificate.

Can you please send me draft of letter that you got?

Thanks,
Subbu
Click to expand...

Subbu - We had the non-availability of birth registration document for my dad from the Indian Municipal authorities to begin with - PRIMARY evidence of DOB. All this letter did was to serve as SECONDARY evidence of DOB (date of birth). You should try and get this certificate of non-availability. Any chance a friend/relative could help you in the matter?
I find it strange that municipal authorities refused to issue it to you. It is an ABSOLUTE must to get one since that is considered primary evidence of birth or lack of registration of the same by the USCIS. Lack of registration document is hence helpful in cases where person was born prior to 1969. Hope this helps. i will try and send you the format tomorrow for the letter that we received. In the meantime, please get working on the non-availability of birth registartion document for your mom asap.
regards.
 
iland39,

I understand your point. I have been tryong to get it from village where my mother was born through one of our relative.But they say they are not giving it. I am trying to get some other relative involved so that we get.

Thanks for trying to get me draft today. I want to start birth certificate process through Ny consulate in the meantime.

Thanks,
Subbu
 
iland39,

One of my friend is ready to visit NY consulate to get this letter.
I will appreciate if you can pelase send me the letter draft soon.

Thanks
Subbu
 
subbu55 said:
iland39,

One of my friend is ready to visit NY consulate to get this letter.
I will appreciate if you can pelase send me the letter draft soon.

Thanks
Subbu
Click to expand...

subbu,

I have been busy past couple of days. Should have it for you tomorrow.
 
iland39, Thank you so much for your post to let me know about your schedule.

I will be checking your post later today for the draft. Sorry to add to your to-do list while you are busy with other important things. But I just feel comfortable giving the draft to them which worked for your case.

Thanks,
Subbu
 
subbu55 said:
iland39, Thank you so much for your post to let me know about your schedule.

I will be checking your post later today for the draft. Sorry to add to your to-do list while you are busy with other important things. But I just feel comfortable giving the draft to them which worked for your case.

Thanks,
Subbu
Click to expand...

subbu,

sorry about the delay, but here is the format,obviously written out on letterhead of the CGI, new York. Hope it helps:

To whom it may concern

This is to certify that registration of births/deaths was not compulsory in India before 2 June 1969. Therefore, no birth/death certificate are available in those cases, which occured prior to this date.
This certificate is issued to xxxxx, s/o yyyy (my grandfather's name) & zzzz (my grandmother's name) holder of Indian Passport no. xxxxxx issued at <City where Passport was issued> on <date of Issue of Passport>.

Signed & Stamped of CGI, New York


Now remember, I always had the Non-Availability of Birth Registration Document with me (translated into English) from the relevant Municipal authorities. The above letter was simply SECONDARY evidence of the same. good luck with everything.

- ilanand
 
Can I have text/content for Non availability certificate from Indian consulate

Hello ilanand,

did u Submitted only NABC OR NABC and consulate give BC

My mom got RFE ON BC , since we submitted 2 affidavits from grandma,mom's maternal uncle.

she was born in 1949, RFE is asking either BC or Non availability certificate .
I am going to Indian consulate in houston, did u Submitted only NABC OR NABC and consulate give BC, PLease let me...its urgent and don't have much time to get it from india.

Thanks in advance
ilanand39 said:
Subbu - Here was my situation: I had an original letter in Indian language for the non-availability of birth registration for my dad from the Municipality of town of his birth. This i had translated into English using a language service agency in the USA (Trustforte language services - paid $85 for the same) and enclosed copy of original indian language doc and its notarized english translation in the I-485 AOS package. This triggered an RFE asking for additional proof for lack of birth certificate/non-registration of birth :eek:

Hence, after talking with an immigration lawyer, i decided to visit the Indian Consulate in NYC and requested them after filling the SAME form that you refer to in the link above, i needed for them to write me a letter stating that Indian passport holder # xxx, being a citizen of India, it would not be possible for his brith to be registered since he was born prior to 1969, the year the Indian Birth registration Act was passed, which made birth registrations mandatory and that they certify based on Passport records that DOB was what was mentioned in his passport.
I had to literally tell the Indian consulate person the format of the text needed. They are not very familiar with writing such documents :o
Anyways, they did so very well and gave me the letter same day after 4:30pm. I used that letter in my lengthy response to RFE (hired the lawyer's firm for response to RFE). Sent in response end of March 2008 and got his GC approved within days of USCIS receiving the response :) I guess sometimes lawyers getting involved is a good thing ;)

Any questions, please let me know.

andhrodu - you should be fine with copies of those birth certificates that the Municipal authorities sent you from india ( with last month's registration dates) + the letter from the Indian embassy in DC. (what you allude to as Passport based birth certificate). As you can see, i pretty much got the same document done for my dad. Please send them copies, if notarized. You never know when they might ask for further proof :(
Click to expand...
 
Last edited by a moderator:
VASU120 said:
Hello ilanand,

did u Submitted only NABC OR NABC and consulate give BC

My mom got RFE ON BC , since we submitted 2 affidavits from grandma,mom's maternal uncle.

she was born in 1949, RFE is asking either BC or Non availability certificate .
I am going to Indian consulate in houston, did u Submitted only NABC OR NABC and consulate give BC, PLease let me...its urgent and don't have much time to get it from india.

Thanks in advance
Click to expand...

vasu120 - As i said in my last post, i always HAD the non-availability of birth registration papers from the municipal authorities. Once i got the RFE inspite of that, i got myself a Consulate issued letter explaining the fact that for people born in India prior to 1969, registration was not mandatory and based upon passport DOB, Indian consulate issued letter for my dad.
hope this helps.

Thanks
 
Content on NABC

Thanks for info iland.

I am trying to get NABC from india, could you send me what is content on NABC...if i know exact content and i can try to get exact same from india...YOURMANININDIA,COM is saying it might take 2 months...may be i will take different indian route thru relative.


Sorry for giving trouble.
ilanand39 said:
vasu120 - As i said in my last post, i always HAD the non-availability of birth registration papers from the municipal authorities. Once i got the RFE inspite of that, i got myself a Consulate issued letter explaining the fact that for people born in India prior to 1969, registration was not mandatory and based upon passport DOB, Indian consulate issued letter for my dad.
hope this helps.

Thanks
Click to expand...
 
You must log in or register to reply here.
Top