Submit papers or not ?

T

tchangu

Registered Users (C)
Well... here is the conflict. I am having birth certificate blues. Having born in Patna, Bihar and currently residing in CBE, Tamil nadu getting a duplicate birtch certificate (or Non-Availability because the students strike in Patna resulted in buring down a building that housed birth certificates resulting in loss of birth certificates till 1974) will take atleast a month or more.

My lawyers are giving me two option
(1) Go ahead and file the paperwork. There will be an RFE and at that time present the duplicate certificate or the non-avialability certificate.
(2) Wait till I get those birth related documents and then submit for AOS. Meaning delay of 4-6 weeks upfront!

Now I am not sure what should I do? My being naive on immigration matters has costed me a lot already and I wont want to get trampled down anymore!

So I was wondering if any of you could help me out through suggestion so that I can take proper course of action.

Thanks,
 
Go for option 1

Lets look at it this way. You go for option 1. File your papers

a. Right at the begining BCIS checks for req docs and sends an RFE for BC. They will hold your case till you reply. (This would be simillar to option 2)

b. They go ahead and d the preliminary processing and giveyou a FP date and EAD. And at the final stages they will ask for BC. This way you get time to get the BC at the same time you could technically speaking get EAD early.

Regards
Raj.

My observation/advice donot have legal sanctitiy.
 
My suggestion :
Looking at your condition, i am sure that it will take months for you to get all the correct paperwork for Birth Certificates. I advise you to get affadavits from parents / relatives in India and submit them. If you don't submit anything, then they may not even accept your application.
 
forgot to tell this

I do have my affadavits lined up. It's just my "Actual" BC doesnt have any names. I am trying to get a duplicate one with my name and my parents name on it. But I might not get a dup one because Patna may not have record or my original one (the buring down thing) -- So I am looking at getting a non availability

So my question is -- will it be advisable to submit the papers of 140/485 concurrent with just affadavits from parents and without the non-availability and then wait for an RFE
OR
wait now, prep the papers and send it?

Thanks you all your help
 
Go ahead and file

If your original BC doesn't have your name then I think there is no way you will get the correct BC (friend of mine got one with registration date in 2001 got RFE and had to submit the affidavits). Better to just go ahead and submit the affidavits. You may still want to talk to your lawyer.
 
go ahead and file (with the affidavits)

but dont give up on your efforts to get the new copy etc. That way, if and RFE comes up later, you will be ready

good luck
 
Are you sure that you can get birth certificates in the next few weeks? We know how the govt offices works. If you are not 200% sure, I suggest to go for a non-availability certificate upfront and not waiting for RFE at the later stage.
 
My 2 cents,

you may send any certificate / document later on without waiting for RFE. I did that for medicals and did not get medical RFE. BCIS is good at matching the document based on EAC #.

All the best !!
 
Thank You

Thank You for all your input. I think it will be wise to go ahead file for 140/485 with just birth affadavits (from parents) and later on fill in the void of Non-Availability certificate i.e. as soon as I get it.

Thanks
 
I submitted affidavits from parent and a close family friend. I didn't have a birth certificate at all. There was no problem with the affidavits
 
go ahead and file with affidavits

I used affidavits and got approved.
(My RFE was for a different reason).
I'd say go ahead and file before you fall into a different month(s) altogether.
 
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