Unavilability of BC and NAC (Impossible to get either one)

H

hoping2Get

New Member
Hi,

I filled the I485 marriage based. after a 10 day I got the RFIE for BC.

I don't have the BC/NAC. I tying hard from my place in India. but unfortunate to get either one.

Is these any thing that I can do on my case other than BC/NAC from India.

Please help me what ever you can. :confused:
 
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FROM U.S. State department website for India:

This is what they expect you to comply with.

Birth Certificates

Available. Prior to l970, the reporting of births was voluntary. Birth certificates of Europeans, Anglo-Indians, Armenian Christians, Jews and Parsis born prior to l970 may be obtained from the State Registrar General of Births, Deaths, and Marriages. No standard or uniform certificate is issued by the authorities. In addition, acceptable certificates may often be obtained from the municipal and rural registration records, which are maintained under the state laws. Europeans, Anglo-Indians, and Indian Christians are usually able to obtain church baptismal certificates.

Under the Registration of Births and Deaths Act of l969, births are required to be registered in almost all of the States and Union Territories of India. Birth certificates are available to any applicant born on or after April l, l970, upon payment of a nominal fee to the appropriate authority.

In cases where birth certificates from the authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant, may be submitted. It should set forth the relationship between the deponent and the applicant, how well the deponent knows the applicant, date and place of the applicant's birth, the names of both parents, and any other related facts. Such an affidavit, when a birth certificate is unavailable, should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist, or no longer exists.
 
Hi BigJoe5,

You are right these what I got in letter.

Thing I am asking, I have bold out the tow thing in the below paragraph.
In cases where birth certificates from the authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant, may be submitted. It should set forth the relationship between the deponent and the applicant, how well the deponent knows the applicant, date and place of the applicant's birth, the names of both parents, and any other related facts. Such an affidavit, when a birth certificate is unavailable, should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist, or no longer exists.

Please help me if you know thing than these two.
 
You need the non-availability certificate AND affidavit(s). Also, if you have secondary evidence to add, it would not hurt (school records).
 
here is Problem I don't have BC and will nor be able get the non-availability certificate from India. I try my all hard to get the either certificate. but now luck. I already wasted more then more to get these certificate from India. but it seem all guns done.
:(

Any thing else we can do in my case. It seem like I am helpless.
 
IN case of affidavit will a notary public attestation will work or it has to be from magistrate please advise
 
hoping2Get said:
here is Problem I don't have BC and will nor be able get the non-availability certificate from India. I try my all hard to get the either certificate. but now luck. I already wasted more then more to get these certificate from India. but it seem all guns done.
:(

Any thing else we can do in my case. It seem like I am helpless.
Click to expand...

I have seen hundreds of such certificates. Whatever you are applying for will be denied.
 
BigJoe Any suggestion about my question that affidavit from know person after attesetd by noatry public should work for my BC (as my BC dont have mothers name), father marriage certifcate (long time back when that happened) in regrad to filing I130 for my father please.
Thanks
:confused::confused:
 
honeyhappy said:
BigJoe Any suggestion about my question that affidavit from know person after attesetd by noatry public should work for my BC (as my BC dont have mothers name), father marriage certifcate (long time back when that happened) in regrad to filing I130 for my father please.
Thanks

:confused::confused:
Click to expand...

I'm starting to feel like a high school civics teacher. The passage below explains some basics on local governments in India. Depending on the character and size of the community you are from in India, you should be able to figure out who the appropriate local civil authority would be able to verify the unavailability or nonexistence of a civil record. You have been repeatedly saying that you cannot get a birth certifcte OR a non-availabilty certificate.

Suddenly, you are saying that you do have a birth certificate but it does not have your mother's name on it. Are you intentionally being misleading or are you just scatter-brained? If you deal with USCIS, CBP, ICE, EOIR, or State Department in such a fashion they will deny your application or petition out of frustration just to make you pay an additional fee to file an appeal or motion. They will be hitting you over the head the only way they can---with a denial.

I suppose that it could have happened if the birth was registered by your father alone without your mom being present. Since you do have a B/C, but it is lacking complete information, additional secondary evidence is required. Any school records, medical records, "naming certificate" or any other document with mom's name should be submitted along with the affidavits prepared according to the requirements that have been presented to you at least twice already.

Submit the inadequate B/C, the affidavits as described and any additional secondary evidence you can get. You may have to resort to the more expensive DNA testing option if you don't come up with sufficient documents. In the U.S., a notary is sufficient. As for affidavits produced in India, I don't know what the equivalent would be. Perhaps someone with recent first hand experience can share that here.

"Administratively, the states and union territories are divided into districts, under the control of senior civil servants who are responsible for collecting revenues, maintaining law and order, and setting development priorities. Districts are further divided into subdivisions, and subdivisions into taluks or tehsils . State government and lower levels of representative councils vary in organization and function, but all are based on universal adult suffrage. Large towns are each governed by a corporation headed by a mayor; health, safety, education, and the maintenance of normal city facilities are under its jurisdiction. Smaller towns have municipal boards and committees similar to the corporations but with more limited powers. District boards in rural areas provide for road construction and maintenance, education, and public health. The constitution provides for the organization of village councils ( panchayats ), and nearly all the villages have been so organized. The panchayats are elected from among the villagers by all the adult population and have administrative functions and a judicial wing that enables them to handle minor offenses."

Read more: Local government - India - power http://www.nationsencyclopedia.com/Asia-and-Oceania/India-LOCAL-GOVERNMENT.html#ixzz16yENMbrL
 
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I think I did not explain my issue well. In India at that time (considering my age) Matric certificate is considered as Birth certificate which has worked the purpose very well for my immigration. (At that time hospitals will issue certificate but without name of kid). But Now since I am applying for father they want me to prove that I am their legal son that is where I am asking these questions.
But I got your input. Thanks for the help. I will try to restrict myself asking too many questions.
Once again thanks.
 
Non-Availability of Birth Certificate

I have a number of secondary evidences along with the affidavits and recently I was informed by the New Delhi Municipality Corporation that they have stopped issuance of "Non-availability of Birth Certificate" under section 17 of the Register of Births and Death Act of 1969 based on a court-order in 2006 or later. I am trying to get a copy of the court order Meanwhile is anyone aware of such a court order instructing the MCD and NDMC not to issue a Non-availability of Birth Certificate.
 
I applied for my may father I-130 (citizen applying for GC) and got an RFE.They have pasted exactly, the same paragraph Bigjoe5 has mentioned (Nov 18th). asking about Birth cretificate or Non availability certificate. My birth is prior to 1970. I checked with the agnecy they have stopped issuing the Non availabilty certificate. One of the intresting feature is the letter says they can consdier DNA test, it has to be performed in authorized labs in USA. Is there any way out for Non availabilty certificate I alreday submitted affidavits but they want either my Birth cert or Nonavailability certificate. If nothing is going to happen I can consider DNA test but it will be like spinning lot of money, when one is telling truth.
 
I have applied for my father I 130 and was asked to produce my birth certificate in RFE. I have finally got my birth certificate but it has my father name mother name and says a male child was born on this day and year etc. The reason is at that time there was no custom of writing the name of child ( before 1970). My question is what other secondary evidence should I be including to document my case. I have already submitted affidavits in regard to my birth certificate as well as legal marriage of my parents.

Thanks.
 
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