N400 and birth certificate RFE

[cganesh75 30]

I have been in the USA on a greencard since 2004. I applied for citizenship in Feb 2018 and had my interview today. They couldnt make a decision because my birth certificate doesnt have my name on it. It was from 1975 and has only my sex on it. I had used that and also submitted an affidavit from my father with my name and everything. Now they want my birth certificate with my name on it or a document from the local authority in India that such a document doesnt exist. Anybody else have gone through such issue? Any suggestion on getting such document? I have 1 month to respond but not sure how i can produce this document

[cd37 229]

23 minutes ago, cganesh75 said:

I have been in the USA on a greencard since 2004. I applied for citizenship in Feb 2018 and had my interview today. They couldnt make a decision because my birth certificate doesnt have my name on it. It was from 1975 and has only my sex on it. I had used that and also submitted an affidavit from my father with my name and everything. Now they want my birth certificate with my name on it or a document from the local authority in India that such a document doesnt exist. Anybody else have gone through such issue? Any suggestion on getting such document? I have 1 month to respond but not sure how i can produce this document

Wow how did you manage immigration all these years without your name on birth certificate. If you dont have your name on it, how can they believe its yours. How did USCIS accept that all these years....strange.

[cganesh75 30]

2 minutes ago, cd37 said:

Wow how did you manage immigration all these years without your name on birth certificate. If you dont have your name on it, how can they believe its yours. How did USCIS accept that all these years....strange.

It is very common to not have name in your birth certificate, thats why i have the affidavit linking me to the certificate. This is the requirement for greencard https://www.***removed***/birth-certificate/name-issues.html#no-name-birth-certificate

[cd37 229]

11 minutes ago, cganesh75 said:

It is very common to not have name in your birth certificate, thats why i have the affidavit linking me to the certificate. This is the requirement for greencard https://www.***removed***/birth-certificate/name-issues.html#no-name-birth-certificate

I understand this that at birth most of them in India dont have names yet but your parents can go local authorities and change birth record and put your name on it. Remember birth certificates are never "original" only birth records are and your parents can change it assuming they have all the proof. Ask them to go their with all your documents and change it. My guess is its fairly easy, its just you never did it.

[TNJ17 1,329]

How do you not have a name on your birth certificate? How did you manage to get a greencard without a birth certificate?

[cganesh75 30]

6 hours ago, TNJ17 said:

How do you not have a name on your birth certificate? How did you manage to get a greencard without a birth certificate?

because the affidavit with original (no name)certificate was enough

[Going through 5,671]

16 minutes ago, cganesh75 said:

because the affidavit with original (no name)certificate was enough

 

 

A single affidavit itself is not enough on its own and you would need corroborating evidence to back it up.  

 

The good news, is that you can get your name added to your birth certificate for a fee.

The bad news, is that you don't really have the time to do that now.

 

On a side note, a mother's affidavit carries more weight in these circumstances than a father's affidavit does.  Is your mother able to write one?

(it also states under the "secondary evidence" that a minimum of 2 affidavits are required.  You only sent the one.)

 

Do you have school records which lists your name and both your parents' names to submit along with the affidavits?

Edited May 15, 2018 by Going through

[cganesh75 30]

27 minutes ago, Going through said:

 

 

A single affidavit itself is not enough on its own and you would need corroborating evidence to back it up.  

 

The good news, is that you can get your name added to your birth certificate for a fee.

The bad news, is that you don't really have the time to do that now.

 

On a side note, a mother's affidavit carries more weight in these circumstances than a father's affidavit does.  Is your mother able to write one?

(it also states under the "secondary evidence" that a minimum of 2 affidavits are required.  You only sent the one.)

 

Do you have school records which lists your name and both your parents' names to submit along with the affidavits?

I am trying to get that. My mother should be able to get me the affidavit. Father passed away 6 years ago. I dont have any of my school records (i am also looking to see if i can obtain them). Time is the big factor. 

 

[Going through 5,671]

27 minutes ago, cganesh75 said:

I am trying to get that. My mother should be able to get me the affidavit. Father passed away 6 years ago. I dont have any of my school records (i am also looking to see if i can obtain them). Time is the big factor. 

 

I would also see about putting in the application to have your name added to your original birth certificate.  You likely won't get the approval/actual change to the certificate within a month's time, but at the very least, you should receive some documentation/form of receipt from India stating your intent/processing which you can then provide a copy of to USCIS.  Shows good faith effort on your part has been made to abide by their requirements.

[cd37 229]

7 minutes ago, Going through said:

I would also see about putting in the application to have your name added to your original birth certificate.  You likely won't get the approval/actual change to the certificate within a month's time, but at the very least, you should receive some documentation/form of receipt from India stating your intent/processing which you can then provide a copy of to USCIS.  Shows good faith effort on your part has been made to abide by their requirements.

I just had my birth certificate fixed in India. They asked for all documents from school certificate to current passport where I have my parents name. It took 2 days and they issued new certificate. I would always suggest to fix birth certificate any time you find issue.

Edited May 15, 2018 by cd37

[cganesh75 30]

9 minutes ago, cd37 said:

I just had my birth certificate fixed in India. They asked for all documents from school certificate to current passport where I have my parents name. It took 2 days and they issued new certificate. I would always suggest to fix birth certificate any time you find issue.

Thanks cd37. Did you have to go to your actual birth place? my mom have moved to different city a long time ago. now nobody lives where i was born. 

[cd37 229]

2 minutes ago, cganesh75 said:

Thanks cd37. Did you have to go to your actual birth place? my mom have moved to different city a long time ago. now nobody lives where i was born. 

Yes you have to go where your birth record was registered. Probably your mother has to go in person with documents.

[pavirotti 9]

This is crazy. I don't have my name on my birth certificate either. But when my GC was approved (in 2015) I submitted two affidavits from my mother and father as well as my PAN card and they raised no question. I will have my interview at Orlando too. Hope this does not become an issue. Did the officer say why the affidavit was not sufficient. When I was filing my GC it appeared every Indian was using the affidavit. Now it appears its not sufficient?

[cganesh75 30]

12 minutes ago, pavirotti said:

This is crazy. I don't have my name on my birth certificate either. But when my GC was approved (in 2015) I submitted two affidavits from my mother and father as well as my PAN card and they raised no question. I will have my interview at Orlando too. Hope this does not become an issue. Did the officer say why the affidavit was not sufficient. When I was filing my GC it appeared every Indian was using the affidavit. Now it appears its not sufficient?

Yes, my GC had no issues either. according to IO for the N400 she said she needs to use the name in my birth certificate. She needs to link "officially" my name to the birth certificate. According to her it was ok for GC because they can revoke the GC but for citizenship they have to make sure it goes to the right person.

[pavirotti 9]

I am sorry to hear this. Keep me posted as to how this goes. I know of several person who only used an affidavit and had no issues. Maybe this is a specific officer who is not aware of things....