Problem with Birth Certificate

[AKN2 49]

Hello folks!

We're IR1, DQ'd and awaiting the interview at Mumbai consulate. I am the beneficiary here.

Just yesterday, we discovered a weird problem with my birth certificate. Turns out, I don't have one. What I do have is the hospital record of birth, which does not have my name on it. This is what we mistakenly uploaded on NVC and it was accepted. All along we believed it was the original BC and it has always been accepted everywhere as such. I am now in the process of registering my birth (lol) and actually getting a BC, and will probably have it in time for the interview. I intend to take both documents - the hospital record and the BC - to the interview and explain my mistake.

My questions are - 1 - Will this be an issue during the interview? 2 - Should I upload the BC on NVC before the interview?

[Mike E 11,739]

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

 

Were you born before or after April 1, 1970?

[AKN2 49]

1980

[Family 3,988]

10 hours ago, AKN2 said:

My questions are - 1 - Will this be an issue during the interview? 2 - Should I upload the BC on NVC before the interview?

1. Yes BIG issue for the delayed registration so prepare “ Alternate docs” 

2. Do not upload your freshly registered new bc to NVC..prepare yourself for giving Officer everything at interview.Delay may be inevitable but you get to make your case to the department that has final say so. 
 

***submitting Beneficiaries Birth Certificate at I-130 stage ( although not on the required checklist) would have given you the opportunity to address the issue w USCIS ***

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.

Exceptions: None

Comments: For all births after April 1, 1970. It is mandatory under the law (as per the Registration of Births & Deaths Act, 1969) to register every birth with the concerned state or union territory.

[AKN2 49]

Right. Thank you for the info. Luckily, my BC is obtainable and I shall probably receive it before the interview. 

[Mike E 11,739]

4 minutes ago, AKN2 said:

Right. Thank you for the info. Luckily, my BC is obtainable and I shall probably receive it before the interview. 

You should sssume you will be asked for affidavits from your parents attesting to your birth.  
 

I would have first obtained a “no record of birth” document before getting the late registration birth certificate 

[AKN2 49]

12 minutes ago, Mike E said:

You should sssume you will be asked for affidavits from your parents attesting to your birth.  
 

I would have first obtained a “no record of birth” document before getting the late registration birth certificate 

I shall certainly get affidavits from my parents. Is there a format for this?

Not sure how I can get a "no record of birth" document, considering that there is a hospital record and that it is perfectly possible to get a BC. ???

[Mike E 11,739]

7 minutes ago, AKN2 said:

I shall certainly get affidavits from my parents. Is there a format for this?

 The link I provided states what information the parents should provide in the affidavit. For mom it is straight forward provided she was fully conscious while you were delivered: date and place of birth.  For Dad, if he witnessed your birth, equally straightforward.  Otherwise he would state where he was when you were delivered (ideally just outside the delivery room), and when he saw you first the first time (ideally seconds after you were delivered). Any close relatives who witnessed the delivery should also provide an affidavit. 

7 minutes ago, AKN2 said:

Not sure how I can get a "no record of birth" document, considering that there is a hospital record and that it is perfectly possible to get a BC. ???

Per the link I gave you:

 

“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.”

 

Per the link, the authority is:

 

”

Issuing Authority: Municipal Authority, or any office authorized to issue birth and death certificates by the Registrar of Births & Deaths.

”

[AKN2 49]

4 minutes ago, Mike E said:

 The link I provided states what information the parents should provide in the affidavit. For mom it is straight forward provided she was fully conscious while you were delivered: date and place of birth.  For Dad, if he witnessed your birth, equally straightforward.  Otherwise he would state where he was when you were delivered (ideally just outside the delivery room), and when he saw you first the first time (ideally seconds after you were delivered). Any close relatives who witnessed the delivery should also provide an affidavit. 

Per the link I gave you:

 

“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.”

 

Per the link, the authority is:

 

”

Issuing Authority: Municipal Authority, or any office authorized to issue birth and death certificates by the Registrar of Births & Deaths.

”

Thanks very much. Appreciate the help.

[Family 3,988]

18 minutes ago, AKN2 said:

I shall certainly get affidavits from my parents

 

 

Get ALL listed “ alternate docs “ for a chance to overcome Delayed Registration , they are the standards used at USCIS or DOS / Consular. 

[AKN2 49]

15 hours ago, Mike E said:

You should sssume you will be asked for affidavits from your parents attesting to your birth.  
 

I would have first obtained a “no record of birth” document before getting the late registration birth certificate 

Wait, do I still need affidavits and other secondary evidence if I have a proper BC at the interview?

[Mike E 11,739]

50 minutes ago, AKN2 said:

Wait, do I still need affidavits and other secondary evidence if I have a proper BC at the interview?

As @Family noted, delayed registration birth certificates can be a problem.  

Edited March 28, 2022 by Mike E

[AKN2 49]

Okay, thank you!

[VTD 32]

Do not upload anything on NVC portal if you are already DQd. You can carry any number of additional documents to your interview & that does not create any problems. I got affidavits done too to be on the safe side...apparently sometimes they ask for affidavits despite having a BC. So, it's a good idea to get it done & I used my own format. You can simply write a declaration that states these following things 'Who is who, who witnessed your birth, where & when were you born, how are you related to them, why did you not register your birth on time, & what are the additional documents you can provide to prove your birth.' Lastly, swear that you have not provided any false information in this declaration & that you are aware USCIS/NVC may take punitive actions against any fraudulent activities related to your immigration process. Attach a photo ID copy of the person who is declaring the affidavits(ex: Mom & Dad or your family member.)

 

An affidavit containing these things are sufficient for birth proof.

[AKN2 49]

5 minutes ago, VTD said:

Do not upload anything on NVC portal if you are already DQd. You can carry any number of additional documents to your interview & that does not create any problems. I got affidavits done too to be on the safe side...apparently sometimes they ask for affidavits despite having a BC. So, it's a good idea to get it done & I used my own format. You can simply write a declaration that states these following things 'Who is who, who witnessed your birth, where & when were you born, how are you related to them, why did you not register your birth on time, & what are the additional documents you can provide to prove your birth.' Lastly, swear that you have not provided any false information in this declaration & that you are aware USCIS/NVC may take punitive actions against any fraudulent activities related to your immigration process. Attach a photo ID copy of the person who is declaring the affidavits(ex: Mom & Dad or your family member.)

 

An affidavit containing these things are sufficient for birth proof.

I'm currently working on these affidavits so that was very helpful, thank you. Did you have the same issue with your BC?