Urgent - Help for RFE (I-485) questions

[zagmag 0]

I received this today. I submitted BC from Chicago consulate and it looks like it has not worked out. I will set the process of getting NABC from my mother's birth place in India but what I am concerned about is the last Notes para. Can someone interpret that for me? I understand that as - affidavits from relatives certifying the birth is not valid. Is this the standard language that people have seen in RFE?

Please also recommend your inputs. I have a month within which to respond to RFE.

Thanks in advance.

Reproduced from RFE

This office is unable to complete the processing of your application to Register for Permanent Residence or Adjust Status (Form I-485) without additional information. Because you sent USCIS an affidavit of birth instead of a birth certificate, further evidence is needed.

Birth Certificate

The birth certificate must have been timely registered, show the date and place of birth, etc.

Certificate of Unavailability

Along with a certificate of non-existence for your birth-certificate, please submit secondary evidence. This evidence may include church, hospital and/or school documents. Affidavits are not considered secondary evidence.

Note: All secondary evidence must be contemporaneous with the event(s) in question. Therefore, the evidence that originated back when the child was young will be deemed more persuasive than evidence that was created as the result of this Request for Evidence

[second stage 14]

I received this today. I submitted BC from Chicago consulate and it looks like it has not worked out. I will set the process of getting NABC from my mother's birth place in India but what I am concerned about is the last Notes para. Can someone interpret that for me? I understand that as - affidavits from relatives certifying the birth is not valid. Is this the standard language that people have seen in RFE?

I don't see where it says "affidavits from relatives certifying the birth is not valid"

Get NABC and get affidavits from someone in the family or neighborhood who has witnessed your mom's birth.

I think the guideline states that someone who is giving the affidavit would have to have witnessed the event and they have to be atleast 18yrs old at that time.

Example: your brother cannot say he witnessed your birth if he was 18 yrs or younger at the time of your birth.

Also, if your mom has any documents(SSLC passing certificate etc) that shows her DOB then, attach it. Additional documents will help.

Edited August 15, 2009 by second stage

[zagmag 0]

I received this today. I submitted BC from Chicago consulate and it looks like it has not worked out. I will set the process of getting NABC from my mother's birth place in India but what I am concerned about is the last Notes para. Can someone interpret that for me? I understand that as - affidavits from relatives certifying the birth is not valid. Is this the standard language that people have seen in RFE?

I don't see where it says "affidavits from relatives certifying the birth is not valid"

Get NABC and get affidavits from someone in the family or neighborhood who has witnessed your mom's birth.

I think the guideline states that someone who is giving the affidavit would have to have witnessed the event and they have to be atleast 18yrs old at that time.

Example: your brother cannot say he witnessed your birth if he was 18 yrs or younger at the time of your birth.

Also, if your mom has any documents(SSLC passing certificate etc) that shows her DOB then, attach it. Additional documents will help.

Thanks for offering your interpretation. Under the unavailability para it states that affidavits are not considered secondary evidence. This led me to conclude that ANY that I submit affidavit will be rejected.