Jump to content

23 posts in this topic

Recommended Posts

Posted

Hello,

 

I am helping my mother-in-law fill her N-400 application online. She is almost finished with it. She has 4 kids and out of the 4 kids, she only has the birth certificate of 3 kids. The eldest kid's birth certificate has been lost. However when her visit visa was applied back in 2013, she used her eldest kid's Pakistani ID as proof. When her i-130 was filed, they used her eldest kid's ID again for proof. now that she is filling out her N-400 application, they are asking for the birth certificate of her kids for proof. Can she use her eldest kid's ID again? If yes, then it will not cause any issue or RFE? If no, then can we skip that?

 

Note: Pakistani ID does not list mother's name, often the ID mentions the father or the husband when they change the ID so there is never a mention of mother's name so her eldest kid's ID does not list her name and neither is her father's name. She has her husband's name on the ID.

 

Thanks for your help

Rooj

Filed: Citizen (apr) Country: Iran
Timeline
Posted
On 10/26/2022 at 9:07 AM, rooji said:

The eldest kid's birth certificate has been lost. However when her visit visa was applied back in 2013, she used her eldest kid's Pakistani ID as proof.

I would see if family or friends back in Pakistan can obtain a certified copy of the birth record needed. The US state department visa reciprocity table for acceptable birth documents for Pakistan show...

 

Issuing Authority: Birth certificates issued by local Union Councils, Municipal Corporations, the Office of the Cantonment Board, or the CDA are acceptable, as are Family Registration Certificates (FRC) issued by NADRA.  In larger cities, such as Rawalpindi, Lahore, Karachi etc., Municipal Corporation-issued birth certificates prior to 2001 are also acceptable.

Procedure for Obtaining: Applicants must visit their local Union Council, fill out a form, and provide identification. The process for late registration is more complex, requiring two affidavits to be submitted to the concerning authority (the municipal corporation or small claims court, depending on the length of time after birth).  The concerning authority then issues a letter to the Union Council authorizing the late entry. Once this process has been completed, the applicants may visit the Union Council to register.

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

K1 Visa Arrived USA July 2017

Married August 2017

AOS Approved July 2018

 

Filed for i751 joint application May 2020

Fingerprints reused October 2020, and February 2021 and June 2021 (Yes 3 fingerprint notices)

Case move to National Benefits Center December 2020 for quicker processing from California Service Center

Oct 2021 out of processing time inquiry made, response May 5th 2022 that our i751 case will be addressed at our n400 interview

Combo interview May 16th 2022, in Sacramento

Approved June 08, 2022

 

Filed for Naturalization May 2021

Fingerprints reused May 2021

Combo interview May 16th 2022, in Sacramento, 

Approved June 08, 2022

Oath Ceremony completed June 29th 2022

 

Posted
4 hours ago, Mobius1 said:

I am unsure how things work there but shouldn’t one be able to obtain a duplicate or have it re-created? I’m sure you won’t be the first such case the Pakistani authorities are dealing with.


 

When working with USCIS it’s always best to send everything possible and more.

Since she is here and her daughter, whose birth certificate is missing is there and my mother-in-law's application is only there until Nov 15 and then she would have to start the application again since the online one is open for a month. The whole birth certificate issuance or similar documents being issued would take some time. Which is why I wanted to get an expert opinion about if it is okay to submit the ID. She mentioned that daughter in the past for other immigration process but since proof was never needed before until now. Her daughter is not migrating and we are only filing my mother-in-law's N-400 at the moment so does it matter if the birth certificate is missing?

Posted (edited)
1 hour ago, rooji said:

The whole birth certificate issuance or similar documents being issued would take some time. Which is why I wanted to get an expert opinion about if it is okay to submit the ID.

We're not experts here, an immigration lawyer is.

However, I don't think ID would be accepted. Your mother in law will likely receive RFE for not providing the birth certificate as required. This will slow her case down and she would still need to present it.

 

Since you haven't filed N-400 yet, the right thing to do is to get the birth certificate and then apply for naturalization, when all docs are ready.

 

The daughter is not immigrating now, but may change her mind in the future. That's why USCIS need the document. Sorry to say it, but they don't care if it takes few months and money to get that birth certificate. They also don't care if you want to complete the online application before it expires online. These are not valid reasons for not providing what USCIS ask for.

 

 

Edited by OldUser
Posted
26 minutes ago, OldUser said:

We're not experts here, an immigration lawyer is.

However, I don't think ID would be accepted. Your mother in law will likely receive RFE for not providing the birth certificate as required. This will slow her case down and she would still need to present it.

 

Since you haven't filed N-400 yet, the right thing to do is to get the birth certificate and then apply for naturalization, when all docs are ready.

 

The daughter is not immigrating now, but may change her mind in the future. That's why USCIS need the document. Sorry to say it, but they don't care if it takes few months and money to get that birth certificate. They also don't care if you want to complete the online application before it expires online. These are not valid reasons for not providing what USCIS ask for.

 

 

 

I told her all this that it is needed and she needs to provide it but she insisted on the ID. But thank you for the opinion. I will let her know and tell her to get it done ASAP.

Posted
1 hour ago, Family said:

Neither birth certificates nor ID of N-400 applicant’s children is required to file nor for approval. 
There will not be any RFE for the 3 children’s birth records at the RFE stage. 
 

Just complete application and send it in. 
 

 

I am assuming you have had experience with this. I appreciate it. Thank you for the response.

Posted
On 10/28/2022 at 5:14 PM, OldUser said:

How old are the children?

 

Found this

 

Her kids are well above the age of 21 and married so i don't think that matters in this case right? I can file her citizenship without a birth certificate of one of the kids, right? 

Posted
On 10/28/2022 at 10:33 AM, rooji said:

Since she is here and her daughter, whose birth certificate is missing is there and my mother-in-law's application is only there until Nov 15 and then she would have to start the application again since the online one is open for a month. The whole birth certificate issuance or similar documents being issued would take some time. Which is why I wanted to get an expert opinion about if it is okay to submit the ID. She mentioned that daughter in the past for other immigration process but since proof was never needed before until now. Her daughter is not migrating and we are only filing my mother-in-law's N-400 at the moment so does it matter if the birth certificate is missing?

She can also submit the application with the documents she has now, and upload a proper birth certificate later.

Posted
3 hours ago, rooji said:

Her kids are well above the age of 21 and married so i don't think that matters in this case right? I can file her citizenship without a birth certificate of one of the kids, right? 

Why wouldn’t it matter? A citizen can sponsor an over 21 married child for a green card. Bottom line is if they ask for a birth certificate, they want a birth certificate. 

Posted
10 hours ago, SusieQQQ said:

Why wouldn’t it matter? A citizen can sponsor an over 21 married child for a green card. Bottom line is if they ask for a birth certificate, they want a birth certificate. 

I know it will matter when she has to apply for her daughters after citizenship but for her own application does it matter if she provides it now since she doesn't have it and it will take time for her to produce it?

Posted
1 hour ago, rooji said:

I know it will matter when she has to apply for her daughters after citizenship but for her own application does it matter if she provides it now since she doesn't have it and it will take time for her to produce it?

I feel like you did not actually read the previous two answers I posted. I have nothing to add to those. 

Posted
1 hour ago, SusieQQQ said:

I feel like you did not actually read the previous two answers I posted. I have nothing to add to those. 

I read it but I am getting 2 different answer under my post. someone posted an old post in regards to someone else's N-400 application and adult kids' birth certificate not mattering since they are not derivative of her. So your post makes it even more confusing for me. So unless you have a personal experience with this matter of not sending the birth certificate and still acceptance of application, I am going to keep asking the question because I am getting 2 different answers here.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...