urgent birth certificate advice needed

I

i485xxx

Registered Users (C)
Hi all,

My details are as follows

VSC
I140 - RD 04/03 AD 04/04
I485 - RD 07/03 AD -

I just received an RFE for 485 asking for birth certificate. Here is my situation.

I was born in Sierra Leone(in West Africa) but dont have any bc. On my passport place of birth is Sierra Leone. With I 485 application I submitted affidavits from my parents and aunt.

But now they are asking for bc or non-availability certificate which are virtually impossible to get because of the war destruction going on there.

My question is what are my alternatives if any?

I would appreciate any advice on this.

Thanks a lot!
 
You can submit

* Early School records with ur birth date.

* Census Record.

* Also, You can perform a Specific Blood Group Antigen test. There are Parentage Testing Laboratories where blood tests can be arranged.

Try to consult your lawyer, he should be able to help you on this issue.

~Mad
 
urgent birth certificate

Hi Mad,

I did not understand the blood antigen testing and its relevance to birth certificate. Could you please explain in detail?

also, i do not have any other record(census, school records, etc) showing my place of birth as Sierra Leone.

What is the alternative if I cannot provide any proof apart from affidavits and passport copy? And I cannot also get non-availability because the country virtually does not function.

Thanks.
 
The easiest thing to do is to take your passport to the nearest Indian Consulate. They issue Birth certificates the same day based on the information in your passort. I went and submitted my passport and form in the morning and I picked up my passport and new birth certificate at 4:00PM. Costs about 15-20 bucks, can't remember exactly...

Also will recommend downloading the form and taking it over to the consulate all filled out. They are not the most customer oriented people in the consulate.

Good luck with your RFE.
 
freddielm said:
The easiest thing to do is to take your passport to the nearest Indian Consulate. They issue Birth certificates the same day based on the information in your passort. I went and submitted my passport and form in the morning and I picked up my passport and new birth certificate at 4:00PM. Costs about 15-20 bucks, can't remember exactly...

Also will recommend downloading the form and taking it over to the consulate all filled out. They are not the most customer oriented people in the consulate.

Good luck with your RFE.
Click to expand...

freddielm,

Where did you see him mention that he is an Indian national? He was born in Africa and how can he go to the Indian consulate? :) :confused:
 
Excellent point!!! A terrible mistake on my part. I apologize for the assumption...

Well if you are not Indian, maybe there might be comparable services provided by your country. If there is no such thing, then madman72's advice seems to make most sense.

Asking your attorney will probably be the best for you, given the special circumstances.
 
Clarification: I am actually Indian national but born in Sierra Leone since my parents were working there at that time. So non-availability certificate from Indian municipality will not work.

Will the Indian embassy bc be accepted by INS?

Thanks
 
Good tip

Thank you freddielm!

I also have furnished just affidavits, and might have to use your directions for getting a birth certificate.

As far as i485xxx is concerned, he should go to the Indian embassy. He is an Indian national, and it should work.

Thanks for the tip.
 
Birth certificate issued by Indian consualte does not help. We did that and still got RFE for the same. Many lawyers' site will also specify that it does not help to get the letter from consulate as they just say the date of birth is xxx based on the passport and does not hold good in the eyse of USCIS.
 
anyone knows what happens if i reply to RFE and they dont accept the documents? Will they send RFE again or will they stop processing?

I am planning to reply to the RFE with an embassy birth certificate. I am wondering what they will do if they dont like that?
 
There are couple of possibilities..

1. They may issue a new RFE...
2. They may issue an NOID...

Be prepared to respond to either one...
 
NOID stands for "Notice of Intent to Deny". This is typically issued when USCIS decides that they are intending to deny the I-485 application and will explain the reasons for their action in the notice. This notice gives the applicant/lawyer an opportunity to challenge USCIS and submit any evidence that is cited in the notice.

This is rarely issued (compared to RFEs) and can be easily overcome if the reason for the NOID can be challenged...
 
abjadh said:
Birth certificate issued by Indian consualte does not help. We did that and still got RFE for the same. Many lawyers' site will also specify that it does not help to get the letter from consulate as they just say the date of birth is xxx based on the passport and does not hold good in the eyse of USCIS.
Click to expand...

It's a classic chicken-egg case. Passport information (date of birth) is base on birth certificate (from proper authority) or equivalent document (school certificate). Now, they are issuing birth certificate based on passport.
 
You have few options (choose one):

--- Get a Birth Certificate from your Country's Consulate in the US if they offer one. This is the easiest option and is typically based on your passport.
--- Get an affidavit from 2 of your relatives on a Notarized Stamp paper stating the date, place, parents name and circumstances of your birth. Getting a BC non-availability from the local authorities in your country might help.
--- Check to see if you can convince the local authorities in your Country to give you one. You may need to spend some money.
 
i485xxx,
I think USCIS will depend on information in the following link that says that Certified copies of Birth Certificates are available for those born in Sierra Leone. The link also gives the address that you should write to: Office of the Registrar of Births and Deaths, 3 Wilberforce St, Freetown.

http://travel.state.gov/visa/reciprocityweb/Country Folder/S/Sierra_Leone.htm

In case they cannot give you a Birth Certificate (for whatever reason), they may send a reply that could be used as your 'Certificate of Non-availability' in replying to the RFE. There is no fixed format for the Certificate of Non-availability.
 
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