Will I-131 be approved without birth certificate?

[SweetSmileSmile]

I submitted the GC application for my mom and got a RFE for Birth certificate for I-485. My mom will have to fly back to our home country to get the birth certificate in person.

I am wondering if she will still get the I-131 approved in this case?

If no, how can my mom travel to get the birth certificate?

Thank you ALL!

 

[Jackolantern]

When they issue an RFE for an I-485, they often suspend processing on related items such as the Advance Parole and Employment Authorization. So it's possible they will not issue approve the AP without the birth certificate.

Without the AP, she'll need to figure out another way to get it. Are either of her parents still alive and living in that country? Usually the birth registration authorities will always let the parents of an individual obtain the birth certificate. Some places will extend that to other family members such as spouse and siblings.

If she doesn't have a relative in her home country who is legally authorized to pick up her birth certificate, it might be possible to authorize a lawyer in that country to pick it up.

If that doesn't work either, it may be possible to obtain the birth certificate through the embassy of her country, if they have an embassy in the US.

 

[SweetSmileSmile]

Thank you for your post!

If my mom fly back to home country to get the birth certificate, will she be able to reenter the U.S. using her prior B2 Visa?

When they issue an RFE for an I-485, they often suspend processing on related items such as the Advance Parole and Employment Authorization. So it's possible they will not issue approve the AP without the birth certificate.

Without the AP, she'll need to figure out another way to get it. Are either of her parents still alive and living in that country? Usually the birth registration authorities will always let the parents of an individual obtain the birth certificate. Some places will extend that to other family members such as spouse and siblings.

If she doesn't have a relative in her home country who is legally authorized to pick up her birth certificate, it might be possible to authorize a lawyer in that country to pick it up.

If that doesn't work either, it may be possible to obtain the birth certificate through the embassy of her country, if they have an embassy in the US.

 

[Jackolantern]

Thank you for your post!

If my mom fly back to home country to get the birth certificate, will she be able to reenter the U.S. using her prior B2 Visa?

If the immigration officer at the airport looks in the system and sees that she has filed I-485, she definitely won't be allowed to enter with the B2 visa. If the officer doesn't know about the I-485, and she gets lucky and is admitted with the B2 visa, her I-485 will be voided because she left the US without Advance Parole. Once they pick up her case for processing again and see that she traveled, they'll send an I-485 denial notice.

She needs to find a way to get that birth certificate without leaving the US.

 

[SweetSmileSmile]

Jackolantern, I really appreciate your reply!!!

We are required to show in person to get the birth certificate So now I am exploring all possible ways to get it!

Is it doable that my mom goes back to China and get the birth certificate, then she scans it to me and I submitted it. Once I receive the I-131, I mail it back to China, then my mom uses the I-131 to get back to US, will her I-485 get denied because of it?

Again, thank you very much!

If the immigration officer at the airport looks in the system and sees that she has filed I-485, she definitely won't be allowed to enter with the B2 visa. If the officer doesn't know about the I-485, and she gets lucky and is admitted with the B2 visa, her I-485 will be voided because she left the US without Advance Parole. Once they pick up her case for processing again and see that she traveled, they'll send an I-485 denial notice.

She needs to find a way to get that birth certificate without leaving the US.

 

[ananga73]

You don't seem to get it. Once she leaves without an approved I-131, the adjustment of status is deemed abandoned as will the I-131 so if she tried to reenter on the I-131 which was erroneously approved because the immigration did not know she had left the country, that would become immigration fraud and blow her who immigration out of the water.

Now if she has a H1-B visa for example, she can reenter on the H1-B because it allows for immigration intent. I doubt your mother has a H1-B.

If she is willing to go back for the birth certificate, and has currently not overstayed her visitors visa,why don't you let her go, send the birth certificate, and then she finishes the process overseas through consular processing which is relatively easy for parents?

You are making this more complicated than it should be.

Jackolantern, I really appreciate your reply!!!

We are required to show in person to get the birth certificate So now I am exploring all possible ways to get it!

Is it doable that my mom goes back to China and get the birth certificate, then she scans it to me and I submitted it. Once I receive the I-131, I mail it back to China, then my mom uses the I-131 to get back to US, will her I-485 get denied because of it?

Again, thank you very much!

 

[Jackolantern]

Is it doable that my mom goes back to China and get the birth certificate, then she scans it to me and I submitted it. Once I receive the I-131, I mail it back to China, then my mom uses the I-131 to get back to US, will her I-485 get denied because of it?

That plan won't work. Once they find out that she left the US without Advance Parole, they'll deny the I-485.

We are required to show in person to get the birth certificate

SOMEBODY is required to show up in person. But if you do your research, you'll probably find out that it doesn't necessarily have to be your mother herself who personally must show up. Maybe YOU could travel to get the birth certificate. Governments usually let children pick up their parent's birth certificate and vice versa.

And some countries will allow a lawyer to pick up the certificate, if certain forms and procedures are followed to authorize the lawyer to do that. It may also be possible to obtain it through an embassy in the US. Have you actually researched the lawyer and embassy options, or are you just assuming that's not possible?