RFE regarding Birth Certificate

S

SV2002

New Member
We have just received RFE for birth certificate. We didn\'t have birth certificates so we sent to INS, sworn affidavits from our parents and also a letter from the Indian Consulate.

So now we are trying to get the non availability certs. from India.
Does any one know which Govt. office/offices can issue this ? Municipality/Registrar/B.D.O ? Also is there a standard correct format which INS expects ? I understand the Govt. office has to be from the place mentioned as birth place in one\'s passport. I would greatly appreciate any help regarding this.

Related question : Is there a different rule about somebody from India who is born after 1970. My wife was born after 70 . Can she also use the non-availability certificate ?

Thanks a lot.

SV2002
 
No Title

Local muncipal/Panchayat can issue the Non-Availability certificate. First on your behalf some one there should submit an application for Birth cert and upon verification of their records the authority issues a non-avail cert. There is a pre printed form (with form# and Section#) available for this purpose in local Govt Forms.

I am not sure if it is different for after 70\'s.
 
Yes, It is different after 69

In India birth registration law started from 1969, so if birth is before 69 you can not get the non-avail cert.
 
No Title

Pathik, labor labor thanks for replying.

But this is strange because I got an RFE too though I am born 68.
If I cant get non-avail cert what option do I have to satisfy INS ?

SV2002
 
You can get it if you put in effort

I was born before 70 in a remote obscure village in South India and to my surprise they had a pre-printed form which they filled.
The INS did not require the NA certificate because of it\'s whim and fancy, but they are aware that under the act of the Indian Parliament in 1970, every muncipality has to supply this if u are born before 1970. All it states is that "A search was made of our records and no infromation was obtained regarding you"
 
No Title

Last year we got Non Avail certs for both born in 68 & 69 from local panchayat office and one from muncipal office.
 
Could the i-485 be refused if

you could not provide enough evidence for Date of Birth. My wife does not have BC and since she was born after 1970 she cnnot get a non availibilty certificate.
We have affidavits from parents, Baptismal Certificate(she is a catholic), Birth certificate from Indian embassy in Chicago, and school and college leaving certificate. will this be enough or will our i-485 be denied.

Any response will be greatly appreciated
Thanks
 
No Title

It really depends on the immigration officer and your luck. Its correct that as per law they cannot issue non-availability if the DOB is on or after 1970. So you can try for birth certificate (or non-availability if possible) so that it will be handy if INS issues RFE.
 
Contact the hospital in which your wife was born

They can issue a certificate which can then help u get a birth certificate.
I think Baptismal certificate is also OK
 
RFE birth certificate

I was born before 68, and me and my wife both got a non-avail certificate and registered with an affidavit and obtained a birth certificate as registered late. We submitted all to INS in the first place. Our case got Approved. But my kids certificates didn\'t contain a name as they were not named on the day of birth. But registered as male and female with all other details. now they want to know these are the same kids were born to me. Make sense. My lawyers didn\'t say anything about that then. Now I need to produce a proof that they are infact my kids. I think early school certificates etc.
 
Has anybody got non-avail cert from Lucknow or Motihari

(or any other place in Bihar/UP). If so could you give some idea
how difficult/easy it was ?
thanks all for responding. I feel more confident now -:) and have
started the process for getting the certs.

SV2002
 
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