RFE - Birth Certificate

[jayp_2020 1]

Hello all,

 

I have applied I-130 / I-485 (AOS) for my mother's green card and have received RFIE (request for initial evidence) which states that she needs to have birth certificate from government. My mother is 77 years old and doesn't have her birth registered in India.

 

Travel State website ( https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/India.html ) says for country India says that

 

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.

 

 

My question is does my mother need to have Non-Availability of Birth Certificate (NABC)? My conclusion based on the above information is NO as it clearly states that NABC is needed only for person who was born after April 1, 1970 and does not have birth registered.

 

Has anyone gone through this situation? What are the right steps should I take?

 

Please let me know.

 

 

 

 

 

[Dashinka 24,512]

This statement would seem more appropriate.  It would appear if someone was born prior to April 1st 1970 the consulate will not be expecting a BC.  You may want to ask this question in the India regional forum, but from my reading you do not need to look for an alternative document based on her birth date.

 

Good Luck!

 

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.

[jayp_2020 1]

Thanks @Dashinka

[jayp_2020 1]

Thanks for the response @Dashinka

I have attached an image of the RFIE the part where what they are asking. So based on that, I do have her school leaving certificate which shows her date of birth. I was wondering and concerned about the part where it states"AND a letter from the government or other authority"

 

Also, could you please provide link to India regional forum?

 

Thanks again!

Edited May 6, 2020 by jayp_2020

[onek 306]

On 5/6/2020 at 9:25 AM, jayp_2020 said:

Thanks for the response @Dashinka

I have attached an image of the RFIE the part where what they are asking. So based on that, I do have her school leaving certificate which shows her date of birth. I was wondering and concerned about the part where it states"AND a letter from the government or other authority"

 

Also, could you please provide link to India regional forum?

 

Thanks again!

This is the link for South Asia region forum 

 

https://www.visajourney.com/forums/forum/91-asia-south/

[geowrian 22,337]

* Moved from Bringing Family Members of US Citizens to America to India regional forum. Topic is specific to India' BCs *

[jayp_2020 1]

Any suggestions?