Wondering if any of my Indian friends can help me...

P

Pork Chop

Registered Users (C)
perhaps i should have posted this question in the board for family-based immigration, but i thought i might as well post it here:

folks, my mother was born in Bombay, India in 1933. she is also going through her family-based i130/i485 deal at a local INS office. going by their track record, that office definitely requires a non-availability certificate in case a birth certificate cannot be provided.

could anyone tell me how we could acquire that, given that we have no family left in India. could someone also let me have the name of the appropriate city government department that will issue the birth/non-availability certificate, as well as their postal address?

would sending them an application by mail get any results?

any help would be appreciated!

Thanks!
 
if you have any relative or good friends in India, you may request them to obtain the non-availability from local (our parent's) city corp/panchayet office on behalf of your parents. In India, as you know, it's very difficult to do anything by mail. It's better to go in person. If any of your friends/relatives has "connection" with appropriate authority (you know what I mean) try to obtain thru them.
Instead of troubling other people, I would try to get them myself (or parents) when I go to vacation at India. But's that's just my personal choice (but effective!!).

Remember that in India on 1969 (what my attorney said to me) it became a rule to issue birth cirtificates from local authority. So it's expected that your parents don't have any birth certificate in any circumstance. So if you can obtain non-av certificate from India, that's good. If you cannot, talk to your lawyer so that instead of having non-av certificate, your lawyer can explain the matter to INS (stating Indian rule).
 
Pork Chop,

You've a tough one to tackle. Would any of your government agencies give a non-availability certificate explaining the unique situation that occured due to 1947 partitioning? But I wonder if that would help convince INS.......
 
Hi,

In India the legislation was passed and came in to effect from 1969 to register and issue birth and death certificates. But as far as I know in many states births and deaths were registered and the records are available for more than hundrend years. I have seen my grand father's birth certificate who would have been 103 years this year had he been alive. My mother who is 75 years old and with the grace of god hale and healthy has her birth certificate issued by the local municipality.

I have no doubt that if the person above in the discussion knows the place of his mother's birth and if it is Bombay, he can get the certificate from the authorities. But if it is some remote place it will be difficult to get a BC but non-availablility certificate should not be a problem.

My 2 cents.

Good Luck.

Regards,
 
Thank you, friends, for your inputs...

... looks like this is going to be a tough one to tackle. I have already checked with authorities in karachi, they don't issue any thing similar to what frodo described. the only thing i was able to get were two affidavits from two people who are mom's only surviving older relatives, both of whom are also in karachi. since i don't have any relatives or friends in india, i am stumped.

it might be a long shot, but i will write to the indian embassy here, or the indian hight commission in pakistan to see if they can help in any way. also, if i had a street address for the mumbai municipal office that issues BCs and NACs, i could send them a letter by registered mail with a request for BC/NAC; hopefully this will demonstrate to the adjudicating officer that we did try our best to obtain one.

so if any of you could post the street address here for the appropriate mumbai municipal office, i would be grateful.

Thanks again, friends!
 
Pork Chop,

My sincerely advise to you is not to waste your time on what you are proposing to do. You will achieve nothing by doing this. I know how these guys function in India. You should look for alternatives.

Post your contact e-mail ID, some one might give you an advise in private.

Regards,
 
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After reading all the messages, I advice will be just discussing the matter with attorney and convince him to write letter alongwith the I-485 letter. That's the fastest thing thing you can do without wasting time. When yiu are paying a lawyer, I think he should do this much work.

When I talked with my lawyer he told me that as Indian govt started providing BC from 1969, it's "mandatory" to provide a non-av certificate if I was born after that. So I felt it's kind of implied that if someone was born before that he/she may not need non-av certificate. INS insists for non-av certificate, but I don't think they are going to deny application if you don't have that. It totally depends upon how your attorney can present the matter in a clear and convincing way. This kind of situation makes difference between a good immigration lawyer and a bad one.
 
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thanks sachdev & pralay...

...for your responses.

you are right, it does seem an exercise in futility to go the route i have been thinking about.

i will explain it to the lawyer, and see if he can handle the situation with INS.

sachdev, in case you or anyone else would like to email me, please feel free to do so at this address: k64s98@yahoo.com

once again, thanks for your help!
 
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