Urgent.. PCEE, rsrgc, Dee Rod, Pump and anyone with info please help... RFE - Birth Certificate

T

Tamizhan

Registered Users (C)
Hello friends

My RFE is asking for original birth certificate as it was registered. First here are the details of how I got my original birth certificate.

Step.1. My birth was not registered since the birth happened at home. So first my brother received a \'Non availability of Birth records\' document from Local municipality in Tamilnadu.

Step.2. Based on this document ( since my lawyers insisted on original birth certificate rather than affidavits ), my parents got a sworn affidavit attested by Judicial Magistrate, confirming my birth based on the oath sworn by my parents.

Step.3. Based on the affidavits got in Step.2., we applied for the actual birth certificate and we got the same.

Now the original birth certificate says.. " This is to certify that the following information has been taken from the original record of birth, which is the register for Local Area ( ) , of so.. and so Taluk and State of Tamil Nadu." This stuff is standard printed stuff. So based on these words, INS is asking for original birth certificate as it was registered when I was born.

Now the question : How can I respond to this RFE ?
Can I just the original copies of the non-availability certificate and the original affidavits of my parents and explain the whole scenario ? or I should go some other route?

Please help me friends with your thoughts/experiences.

Thanks a lot.
 
Tamizhan, how can you have a birth certificate if it was not registered?

Since your birth was not registered, all you needed was the following:

1. a "non-availability" certificate from a competent authority
   saying that your birth was not registered at the time of your
   birth. I believe you already got that as "Municipality" could be
   considered a competent authority.

2. Sworn affidavits from your parents stating the date and place of
   your birth and that your birth was not registered at the time.
   I believe you have that too.

I think it is the birth certificate you obtained based on step 1 and 2 in your posting, that has confused the INS. How can you have a birth certificate if your birth was not registered? I do not know the content of the birth certificate that you have obtained, but it seems like you do not have an actual birth certificate but just a statement from an authority that may or may not be a competent authority. If the statement says that your birth was registered then INS will expect you to produce one.

Did you not submit the "non-availability" and sworn affidavits from the parents? I had exactly similar case as yours. My birth was also not registered. All I did was to submit 1 & 2 mentioned above.

What does that birth certificate say? Does it say anything about the registration of the birth?
 
Here are some more details

Hi Pump

I have both step1 and step 2 ( ie., Non availability certificate and Affidavits from my parents ). But because my lawyer was little pushy on getting the birth certificate itself instead of affidavits, I went the extra length to have my birth registered at the local municipality.

The birth certificate, I got is from the local town\'s municipality ( and the format of the same is governed by the Government of India directive Form No. 5 ( Rule 8 )). The birth Certificate is a very competent one with Government of Tamil Nadu seal and appropriate authority\'s seal and the contents in both English & Tamil.

The INS officer might have seen the date of registration ( which is 17th May 2001 ) and got suspicious. Also my lawyer didn\'t send the non-availabity certificate and Affidavits from my parents. I strongly feel this might have triggered RFE on this.

Any comments.

BTW, Thanks for your quick post and appreciate your suggestions. I am planning to send copies of non-availability certificate, affidavits and the birth certificate with an explanation letter.

Tamizhan
 
Tamizhan, you are in clear

A letter of explanation alongwith affidavits and "non-availability" should be sufficient. The officer can clearly see that you registered the birth late, and hence that would explain why you do not have a certificate with an "old" date on it. Just make sure that you do not send anything that contradicts what you sent them earlier.

Good luck with your RFE response and hope that you get your approval soon. BTW, did they give you a special RFE envelope with INS address stamped on it?
 
for special envelope I will have to check with my lawyer

Thankyou you pump for your prompt reply.
 
I think you are in good shape.

This is very ususl that if registration date of BC is current, applicant gets RFE. What you have to do now is just send the affidavit that you have. I have my case similar to yours bucasue registration date on my BC is May 2001 and probably going go get RFE so planning to have haffidavit from parents in advance.
 
I think 1 and 2 are enough

I did the same thing - sent non-availability certificate and affidavits of birth from both parents. My lawyer asked for those. It\'s a crime according to Indian Law to change the date or place of birth. I am not sure why your lawyer pushed you to go to extra lengths and get birth certificate. Someone else I know got an RFE for birth certificate b\'coz they sent the consulate issued certificate. They responded with the non-availability certificate and affidavit of birth and got approval two weeks after responding to the RFE.

I guess you can explain what you did and send 1 and 2 mentioned in ur post, you will be fine.

Please keep us informed of the progress of ur case.

Thanks,
Arch
 
I am also in the same boat

Tamizhan,

I also got my birth certificate recently from local city in Tamil Nadu. I may also get same kind of RFE. Please let me know how you are
proceeding with this problem.
thanks in advance
dpkakki
 
format

Goverment of Maharashtra
Department of B.D.O Office, Mumbai

Non-availability Certificate: Issued under Section 17 of
                            the Hindu Marriage Act, 1969.

        This is to certify that a search has been made
on the request of Rahul Gupta, son of Ram Gupta in the
Municipal registration record for the year(s) 1965-1975
relating for Mumbai, Maharashtra and found that the
birth record of Rahul Gupta, son of Ram Gupta is not
registered/available.

                        Signature of Issuing Authority
        
                
                        Seal:
                        Date:
 
Tamizhan, are you sure that is the date of registering...

On my Birth certificate it says a date of 4 days after actual birth. Does your date of registering really say the date you mention in an earlier post? If that is the case you can send in 1 and 2 as mentioned above and explain that you got your birth registered late based on these 2 documents. There should be no problem with that. Your certificate itself is valid and above suspicion as it is on the standard Govt of India format and signed by a competent authority. Your 1 and 2 documents also seem full and complete.
But, If the date of registering says a date soon after your birth then the certificate itself could be construed as being fake if you sent in 1 and 2 with your explanation. On the other hand, if your date of registering is soon after birth why would they ask for the original certificate. They usually require to see originals at time of interview if called. for one.
You have to tread very carefully. Make sure you do not contradict whatever your original position was. Do let us know if the date you mention is actually the date of registering. This date would be on the form itself and is different from the date of procurement which would be placed somewhere near the stamp and signature of the signing authority. I know you have looked at the form clearly and know what you are talking about, but please confirm this for me.
 
correct

Dee Rod,

I am also in the same situation. My parents did not register the birth. According to Law birth should be registered in 7 days(I think)
I could not get my Birth Certificate because my birth was not registered. So My parents filed a petition in the local court to order the Registerar to register my birth. So the date of registration is in April 2001. I will have to submit this if I get RFE on this matter.
thanks
dpkakki
 
My birth certificate says the later date only

hi

my birth certificate clearly mentions a date of registration as : 17th May 2001. And the fact is my birth was never really registered initially. I registered only last year using the non-availablility certificate and my parent\'s affidavits.

hope this helps.

Tamizhan
 
coolman35

your details please
md - mailing date
rd - receipt date
nd - notice date
wac no - wac number (please ommit the last four digits)
ap - advance parole document date
ead - employment authorization date
fp sch - fingerprint schedule date
fp done - fingerprint done date
fp location - fingerprint location
country
eb category
current avm message
priority date
 
Deiv

your details please
md - mailing date
rd - receipt date
nd - notice date
wac no - wac number (please ommit the last four digits)
ap - advance parole document date
ead - employment authorization date
fp sch - fingerprint schedule date
fp done - fingerprint done date
fp location - fingerprint location
country
eb category
current avm message
priority date
 
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