URGENT: Parent 485 denied based on Birth Certificate.

S

SK-N400

Registered Users (C)
Mother's 485 application got denied today.

Applied 130 & 485 in US. - Parent visiting US.
Got RFE for Birth Certificate.
Replied with non-availability of birth certificate from Indian Embassy.
Got interview letter
Attended interview in April. -- Again request for affidavit's from 2 persons.
Got 2 affidavits from India and submitted
Today took InfoPass and went to local USCIS office. -- They handed out a 5 page letter mentioning the application is denied based on non-availability of birth certificate.

Exact words: "As you have failed to submit the required documentation, you have failed to establish your true identity and eligibility for adjustment of status. The applicant bears the burden of
establishing that his application merits favorable consideration. Matter of G-, 9 I&N Dec. 38
(BIA 1958). You have failed to meet that burden. As such, your case is hereby denied. There is no appeal of this decision. However, if you believe that the decision was reached in error, you may file a motion to reopen or a motion to reconsider, pursuant to the provisions of Title 8, Code of Federal Regulations (8 C.F.R.) § 103.5 "

I would like to apply for motion to re-open. I'm consulting attorney on Friday. Anyone in similar situation.

Thanks for your help
 
You needed to provide non availability certificate from the place where you/your mother was born, not from Indian embassy. Birth certification from embassy is useless for immigration in US. You got the wrong documentation and therefore got denied.
 
My parents birth certificate is missing. I understand (Now) that non-availability certificate from embassy is useless.

My concerns is that she has to leave country now or we can apply for motion to re-open ( with non-availability from local authority from India)? Anyone has got denied and applied for motion to re-open, please share your experiences.
 
File the Motion to Reopen, and she should not leave the US before the Motion to Reopen is decided. Note that MTR approval normally only means they put the I-485 back into pending status, not that they approve the green card.

Then once the MTR is approved, she can leave the US and return if she has Advance Parole and if she did not overstay her visa by 180 days.
 
I have same issue

My parents have same problem. Their affidavt for Birth was not accepted and they denied. They are here in US. What should we provide them when we reopen the case. How can we tell them that please reconsider the case and here is supporting document. is makeing an support affidavite from one of my relative here that he was theer when he was born will work. How long they can stay here if we don't do anything.
 
Hi Sbora

I'm going to meet an attorney tomorrow., I will have better idea tomorrow. I will keep you posted.
 
We were exactly in the same situation. So we applied Motion to reopen after getting NABC from India. However the immigration sat on it and since we did not want to take any risk overshooting the 180 day limit we applied for a fresh I-485. Within 10 days we got a letter asking for initial evidence. They have pretty much thrown the book at us. WE are preparing the initial evidence most it is we already had submitted but they want it again so we are looking to be extremely careful in submitting. But I am just not sure even if we provide everything they ask for, we will get the approval :) Just do not have that kind of confidence.
 
The suggestion from our attorney is to re-file 485. No point in applying for MTR, because its not denied by error, but due to lack of evidence. So thinking to re-file.

Thanks
 
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