Alternatives to non-availability of birth certificate

[twitter007 0]

Hi, I've applied for I-130/I-1485 concurrent processing of my parent's GC. Last week both received a RFE asking for either a birth certificate or a secondary evidence along with a proof from letter from government authority. My relatives have tried to get NABC from local municipal departments but they have absolutely refused to issue such a letter. My parents were born in early 1950's and there was no local government at the time.

I've already sent the properly translated high school certificate which should work as the secondary evidence but don't know what to do for for non-availability of birth certificate.

Has anyone been in the similar situation and has some ideas for me. Should I contact an immigration attorney?

[Lemonslice 4,715]

Where were they born?  The reciprocity schedule usually details what to do in case documents are not available

 

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html

[twitter007 0]

They were born in India. Here is what the relevant document for India says. According to this, alternate documents are required for births after 1970. Not sure why USCIS is asking it for my parents who were born before 1950 and 1955.

 

 

Available: For persons born after April 1, 1970, birth certificates are available. For persons born prior to April 1, 1970, birth certificates are considered unavailable.

........

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Alternate Documents: If an individual is born after April 1, 1970 and is unable to obtain a birth certificate, the individual must obtain a certificate of non-availability from the local authorities with jurisdiction over their place of birth. In addition to a non-availability certificate, the following  documents can be accepted as secondary evidence:

• School-leaving Certificate (document provided to students when they cease attending a particular school, be it public or private),
• Matriculation Certificate,
• Certificate of Recognized Boards from the school last attended by the applicant (Boards are exams)
• A notarized affidavit executed by either a parent, if living, or another close relative older than the applicant.  This affidavit should clearly state the relationship between the deponent and the applicant, how well the deponent knows the applicant, the date and place of the applicant's birth, the names of both parents, and any other related facts. If the applicant has no living relatives that witnessed their birth, a self-attested affidavit detailing their knowledge of the facts of their birth may be accepted.

[geowrian 22,337]

* Moved from Bringing Family of USCs to America to India subforum. The documents required are particular to India. *

 

They need the certificate of non-availability + any other documents available. The high school certificate is one item, but if you can obtain multiple, that is preferable. But get that non-availability certificate.

The RFE is usually generic in that it states what is required regardless of what was already submitted.

[rajvinder kaur 6]

Did you send affidavits too?. I read same problem here on visajourney with other one and then they were good with sending two affidavits.

 

10 hours ago, geowrian said:

* Moved from Bringing Family of USCs to America to India subforum. The documents required are particular to India. *

 

They need the certificate of non-availability + any other documents available. The high school certificate is one item, but if you can obtain multiple, that is preferable. But get that non-availability certificate.

The RFE is usually generic in that it states what is required regardless of what was already submitted.

W

[jayp_2020 1]

@twitter007

 

I am in similar situation as yours. See below my post. Could you please advise on what steps you took?

 

Were you able to get Non-Availaibility of Birth Certificate? Did you meet any immigration lawyers?

 

Please let me know.