Birth Certificate RFE for I-485

[dmath 0]

Hello everyone, I filed for I-485 in May22 through marrying my spouse who is a USC and I am an Indian Citizen on an F1 visa. To fulfill the Birth Certificate requirement, I attached a copy of my Original Birth Certificate in Hindi, a translation by me in English. One problem with my BC was that it didn't have my name on it since it is a pretty common cultural practice to name kids after their birth. But I never got it updated. Now USCIS wants me to send my Birth Certificate again, please guide me what I should do? Here's what options I have thought of:

1. Hire a lawyer and proceed under their guidance.

2. Get a new birth certificate made from India (Certified copies are not available in the state I was born) with my name and submit to USCIS.

3. Get a proper translation of my current Birth Certificate through a paid service without my name and submit the BC and translation.

 

Please share your opinions, thanks in advance! 

[iwannaplay54 985]

Wait

 

Your birth certificate does not have your name on it?

[OldUser 6,616]

4 hours ago, dmath said:

One problem with my BC was that it didn't have my name on it since it is a pretty common cultural practice to name kids after their birth.

Birth certificate is also issued after child's birth, not before. I see why USCIS is puzzled. Essentially, they cannot trace your identity back to birth and confim you are who you say you are. Furthermore, in many countries, to get a passport, one shows birth certificate to prove their name, date and place of birth. How did you get the passport without proof of your name?

 

You definitely need to sort this out with Indian authorities and get proper paperwork for USCIS.

Edited December 20, 2022 by OldUser

[PrObserver 0]

Unfortunately, having a lawyer can't do much right now. Which state in India were you born in? Many states in India currently offer the ability to reissue a digital birth certificate, complete with a QR code. If your state of birth does that, get one that way. If that's not an option, contact the Indian embassy that has jurisdiction over your current US state of residence (the Indian embassy locations in the US are: NYC, Washington DC, Chicago, Atlanta, Houston, San Francisco), and send them an application to get a duplicate birth certificate issued on the basis of your current unexpired Indian passport which has your DOB in it. Refer to this page: https://www.cgisf.gov.in/page/birth-certificate-or-non-availability-of-birth-certificate/ All Indian consulates have similar forms that you can fill out for that specific location, send it in with the necessary documents and payment, and they'll send the birth certificate back to you. I haven't used this service myself, but search online and you'll find that some folks have used it without issues. Just make sure that you send this to the correct consulate that has jurisdiction over your state of residence, otherwise they'll reject it. You can check the consular jurisdictions here: https://www.indianembassyusa.gov.in/pages/MTk