Sponsoring brother - missing birth certificate for self and brother

D

dazzling

Registered Users (C)
I am trying to sponsor my younger brother for GC who is here on H1B. Both me and my brother are missing birth certificates. When I immigrated, I had used an affidavit from my father and elder brother (my mom died 15 years ago). That affidavit did not have the name of my mother.

I need to establish that my brother is indeed my brother and in absence of birth certificates, I am 100% sure I need to use some form of affidavit.

Questions:
1. Does someone have a template of an affidavit that will work in this case. I have looked through forums here and others on the internet and could not find something.
2. Does someone have an experience of this scenario and a list of suggested documents that should be submitted to avoid a possible RFE / denial.

P.S. I am a US Citizen and am eligible to sponsor my brother.

Thanks!
 
What was the basis of your immigration? Employment, or a relative who filed for you? Have all attempts to get a reissued birth certificate failed?

I hope you are aware that there is a 10-11 year wait in the sibling category; your brother's H1B will expire long before that.
 
I immigrated based on employment. Issuing birth certificate from India - hahaha it is a funny story. Yes, all attempts have failed. I think the biggest challenge is that the birth was never registered and the family back home does not live in the same district. Its a hassle if nothing.
Yes, there is a 10-15 years wait which is fine.
 
For the employment-based GC your birth certificate was relatively unimportant because your date of birth didn't affect your eligibility, and your place of birth wasn't important except to establish the country, and India is the most retrogressed country for employment-based GCs, so people born outside India wouldn't claim to have been born in India.

But establishing the sibling relationship is another matter; you'll need more than just affidavits. Even birth certificates aren't good enough if you don't have a common mother on the certificates. Gather evidence that you were siblings growing up, such as school records showing you lived at the same address with the same parents. Or get a DNA test.
 
Gather the affidavits from father and brother and anyone else available now plus that other evidence mentioned and submit it with the I-130 and volunteer to do DNA test but do not get it until USCIS gives the OK for it. If you do it on your own USCIS does not have to accept it (and let's face it, they won't) and you would be out a good sum of cash for nothing.
 
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