I130 Request For Evidence of my birth certificate issue

[myaumyau 4]

Hello, 

 

I am a naturalized US citizen and I filed I130 for my mother. I today received status update saying "LATE REGISTERED OR UNREGISTERED BIRTH CERTIFICATE". It further states that the birth certificate is not sufficient because it was registered about 15 years after my actual birth date.

 

I am from Nepal and I think we registered my birth certificate late because we actually never required it and the original hospital certificate cant be found anymore.

 

It says I need to provide secondary documents showing that my mother and I are related and should provide following documents

Medical records or health records;

Church records or religious documents;

Early school records;

Insurance records;

Employment records;

Financial records (tax returns);

Census or tribal records;

Government records or identification documents.

Any evidence submitted should include:

The name of the child and the child’s parent(s);

Dates (e.g. dates of the child’s birth, religious event, school attendance, hospital admittance,

etc.);

Stamp, seal, signature of issuing official, authorized personnel, etc.

 

I have been looking but we just cant find any document that has my mother's name, my name and the birth date all together.

 

The other option they mention is affidavits from people stating the relationship and that the birth is legit but this carries less weight it says.

 

Finally, other option they mention is DNA test to show we are parent/child. But I dont know how its possible since my mother is in Nepal and I am in USA.

"The test must be performed by a laboratory accredited by the American Association of Blood Banks" and they are mostly located in USA.

 

Any suggestion is helpful. I was so excited since the timeline was reaching near and this news is really depressing.

[Mike E 11,739]

2 minutes ago, myaumyau said:

But I dont know how its possible since my mother is in Nepal and I am in USA.

 

Your DNA is a digital code. Lab A in Nepal takes her DNA. Lab B in USA takes your DNA and compares the two codes. 

[milimelo 4,477]

If you go the DNA route - you do the DNA collection at the local ABBA authorized lab and your mother does DNA collection with the embassy once the kit has been sent there and embassy scheduled her. 

[myaumyau 4]

5 minutes ago, milimelo said:

If you go the DNA route - you do the DNA collection at the local ABBA authorized lab and your mother does DNA collection with the embassy once the kit has been sent there and embassy scheduled her. 

How do I start the process? I mean how do I tell USCIS to send the kit to the embassy?

[myaumyau 4]

7 minutes ago, Mike E said:

 

Your DNA is a digital code. Lab A in Nepal takes her DNA. Lab B in USA takes your DNA and compares the two codes. 

"Test results must be mailed by the laboratory directly to our office. USCIS will not accord any weight to DNA results submitted by anyone other than an AABB-accredited laboratory." I dont think they accept any other lab DNA tests other than AABB which doesnt exist in Nepal. Both has to be AABB.

[Mike E 11,739]

10 minutes ago, myaumyau said:

"Test results must be mailed by the laboratory directly to our office. USCIS will not accord any weight to DNA results submitted by anyone other than an AABB-accredited laboratory." I dont think they accept any other lab DNA tests other than AABB which doesnt exist in Nepal. Both has to be AABB.

I was addressing your assumption that the same lab has to collect the DNA.  The fact that sites like ancestry.com can tell you who your  relatives are simply by submitting a DNA result shows I am correct. 
 

https://www.aabb.org/standards-accreditation/accreditation/accredited-facilities/aabb-accredited-relationship-testing-facilities

 

“If there is not a facility in your area (city, state, or country), you can contact any one of the facilities on this list to make arrangements for sample collection in your area”

 

So USCIS isn’t putting requirements on who collects the DNA … USCIS  delegates  that to the accredited lab, which in turn delegates it to a trusted lab.  I would let your selected and accredited lab handle it and I would not discuss how the samples  were collected.  

 

Edited February 25, 2023 by Mike E

[myaumyau 4]

12 minutes ago, Mike E said:

I was addressing your assumption that the same lab has to collect the DNA.  The fact that sites like ancestry.com can tell you who your  relatives are simply by submitting a DNA result shows I am correct. 
 

https://www.aabb.org/standards-accreditation/accreditation/accredited-facilities/aabb-accredited-relationship-testing-facilities

 

“If there is not a facility in your area (city, state, or country), you can contact any one of the facilities on this list to make arrangements for sample collection in your area”

 

So USCIS isn’t putting requirements on who collects the DNA … USCIS  delegates  that to the accredited lab, which in turn delegates it to a trusted lab.  I would let your selected and accredited lab handle it and I would not discuss how the samples  were collected.  

 

Thanks. I will try to arrange the test. Apart from the DNA route, can I provide any other documentations to satisfy USCIS?

[Mike E 11,739]

26 minutes ago, myaumyau said:

 . Apart from the DNA route, can I provide any other documentations to satisfy USCIS?

Even if affidavits would be accepted, IME they are going to take longer to get than a DNA test. My wife doesn’t have a birth certificate (late or otherwise). Similar situation as Nepal: in Burma at the time no one bothered. 
 

In our case a DNA test wasn’t an option (because the issue was producing a satisfactory birth record for adjustment of status from K-1).  If a DNA was an option them we would have gone that route in an instant. 
 

We had to chase down a cousin who was at the hospital when my wife was born and have her write out a statement.  Then we had to have that statement shipped from a remote village in Burma, during a civil war, to Yangon and then have it shipped by DHL to the U.S.  

 

Then repeat the process for her father who is still alive. 
 

Then find a competent translator. Have you heard that story of the translator who said my wife impregnated her mother?

 

All so an ISO could glance these documents for 5 seconds and grunt approval. 
 

The DNA test option is a blessing. I’m sure there are labs in Kathmandu who can collect DNA. 

 

 

Edited February 25, 2023 by Mike E

[SUJAN23 0]

@myaumyau

 

Hi did you do the DNA test result ? Is it enough for the RFE ?