RFE for no birth certificate for Chinese abroad

[tumbles 0]

I am in the process of applying for GC for my parents through concurrent I130 + I485 filing. We received an RFE on my dad's I-485 requesting a non-availability certificate of his birth certificate. The problem is my dad was born in China back in the 1930s and moved to Hong Kong when he was a kid. Since he left such a long time ago, he doesn't have a birth certificate, hukou or Chinese ID card. He only has ID documents from Hong Kong. We were able to obtain a sworn affidavit of his birth from his cousin in China, but the RFE said that is only considered secondary evidence. Where can we get non-availability certificate in China? Since he is here in the US awaiting AOS, he is not able to leave the US to apply in person. We did submit I-131 for AP for him but I read that an RFE on I485 would essentially put processing of the AP on hold. Could I or a relative apply on his behalf? We only have 87 days to respond to the RFE and the clock is already ticking fast.

[Darnell 8,479]

I say call into USCIS, get an ISO, and go over this with an ISO.

DO NOT waste time with a CSR. Use a Telephone, ask for an ISO,

and go over this stuff.

Good Luck !

ps- he does have a HKG Passport, and a HKG ID card, so that's a plus.

[tumbles 0]

Thanks for the suggestion! I didn't think I could contact them directly for an RFE. I will give that a try.

[chitowncanuck 0]

Thanks for the suggestion! I didn't think I could contact them directly for an RFE. I will give that a try.

WHAT HAPPENED? I am kind of in the same situation....HELP.