Urgent : Date of Birth Certificate problem for filing I485

SIMAR

Registered Users (C)
Hello,

I am lost and have tried to search forums for additional help
All this time from many months my lawyer and I were sitting on my papers and date of birth proof thinking that I can use my secondary school certificate as my date of birth until the day when the I485 filing was again open for all of us and now when they reviewed my paper , I get to know that we need different Date of birth certificate.

I was born in village. My father told me that they had added my name in Village Chokidaar who then should be sending my record to police station then it would have been sent to final Disctrict office in Haryana.

Now when we inquired in Haryana Distric office they told me that my record is not entered there while it might be at Village Panchayat - sarpanch office.

If I try to get my record from village and ask to issue me Birth certificate it will take month - no money can help as it involves 2 states. (Haryana & Chandigarh)

Can someone please suggest me a better or fast way please that I can get either my date of birth certificate or Non availability + 2 affidavits.

Can I get non avaiability for now to send to I 485 along with affidavits and later apply for birth certificate?

Please suggest.. Like all I am also trying to do my best to finally file for I 485

Thanks
 
Try to obtain documentation from the municipality (or equivalent institution) that your birth certificate is unavailable (cannot be produced). This should e suported by 2 affidavits (about your birth date etc) from your parents/close relatives.
 
File with what you have. They later issue an RFE. Your lawyer should have told you this.

You can also Get a birth certificate from an Indian Consulate based on Passport. This won't actually help but would very likely let you file or serve as secondary evidence.

If you were born before 1970 you can also get away by affidavits from Parents that your birth was never registered. You may still need a document stating that BC was not registered and unavailable. Isn't it is easier to get two unavailable certificates from two states than one available.


Hello,

I am lost and have tried to search forums for additional help
All this time from many months my lawyer and I were sitting on my papers and date of birth proof thinking that I can use my secondary school certificate as my date of birth until the day when the I485 filing was again open for all of us and now when they reviewed my paper , I get to know that we need different Date of birth certificate.

I was born in village. My father told me that they had added my name in Village Chokidaar who then should be sending my record to police station then it would have been sent to final Disctrict office in Haryana.

Now when we inquired in Haryana Distric office they told me that my record is not entered there while it might be at Village Panchayat - sarpanch office.

If I try to get my record from village and ask to issue me Birth certificate it will take month - no money can help as it involves 2 states. (Haryana & Chandigarh)

Can someone please suggest me a better or fast way please that I can get either my date of birth certificate or Non availability + 2 affidavits.

Can I get non avaiability for now to send to I 485 along with affidavits and later apply for birth certificate?

Please suggest.. Like all I am also trying to do my best to finally file for I 485

Thanks
 
Thanks both and all, to be kind to help me with your reply and suggestion.


Should the affidavit by Parents and Close relative should match exactly with passport info.

Like my mother last name is not added in passport but they have it added in the affidavit?
My birthplace in passport only shows District & State but the affidavit mentions that Village Name in addition to District & State.

Are these additional info would be acceptable? or should I ask my parents to make with exact info of my mother name with no last name and my birth place with no Village info. Please suggest.

*** additional update if you help review , but first if someone can help with the concern above***
I will try to also get Birth certificate from embassy. I have been working with my family to have them search my birth record in village but they could not find it. For issuing non avaialbility they said there is no office head letter or money paper for CMO. They have a format in Hindi and thats what they can give. An uncle of mine helped my father getting something written on plain paper in english and have it sign from another office some deputy registrar from same office. I am not sure how it is so waiting for it.

I didn't have courage to send my lawyer an email to send the papers for now as the actual certificate will take 2 months. As he already mentioned that we can't file without it. The helpless part is that I was not aware of all this for so many months and had asked many times verifying my DOB certificate.
and also since there are issue like company asking for some contract which they need me to sign to proceed with GC..

Can I apply online for Birth certificate from embassy or I should go there personally.

Thanks again
 
Last edited by a moderator:
I think, you may go for non availability of birth certificate in your native language. Later, you can get it translated. This has to be supported by 2 affidavits from your parents/relatives.
 
Thanks all for help and concern. I have sent affidavits and non availability to law firm . hoping for best for all waiting..
 
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