Need advice and next steps on I-130 for Parent (Sponsor Birth certificate is missing)

[Koko bongo 2]

I recently became a US citizen and need to file for my mom whom the consulate had denied Visa thrice for no reason. upon speaking to a lawyer whom I plan to use to help file. he said since my birth certificate is missing. Myself and my mom will have to take a DNA test and he advised we take it before applying so to reduce the chances of rejection which we'll still have to go back and take the test. I have a national population document and a court affidavit to prove my age but he said this will not fly with USCIS. Has anyone gone through similar circumstances and did you just go to any random medical laboratory to do the test? I'm in the US and my mum is in Nigeria. Please, advise.

[nastra30 2,284]

Can't you obtain new BC from National Population Commission (NPC)?

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

[Redro 4,611]

1 hour ago, Koko bongo said:

I recently became a US citizen and need to file for my mom whom the consulate had denied Visa thrice for no reason. upon speaking to a lawyer whom I plan to use to help file. he said since my birth certificate is missing. Myself and my mom will have to take a DNA test and he advised we take it before applying so to reduce the chances of rejection which we'll still have to go back and take the test. I have a national population document and a court affidavit to prove my age but he said this will not fly with USCIS. Has anyone gone through similar circumstances and did you just go to any random medical laboratory to do the test? I'm in the US and my mum is in Nigeria. Please, advise.

Which visa was she denied for? Tourist visa or immigrant visa? 

[Koko bongo 2]

15 minutes ago, nastra30 said:

Can't you obtain new BC from National Population Commission (NPC)?

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

 

I'll let the lawyer know. However, I already have the NPC "To whom it may concern" Attestation Of Birth which the lawyer said will not be sufficient. Thank you

[Koko bongo 2]

32 minutes ago, Redro said:

Which visa was she denied for? Tourist visa or immigrant visa? 

B1/B2 Thrice. widowed and retired. Pensioner. 

[SalishSea 17,786]

1 hour ago, Koko bongo said:

B1/B2 Thrice. widowed and retired. Pensioner. 

She was denied for immigrant intent.

 

If she is properly petitioned for an immigrant visa, that will not be an issue.

 

However, you DO need to get your documents in order.  Nigeria is notorious for fake documents.  And contrary to what your lawyer recommended, the party line here on VJ is generally not to do a DNA test until the request comes from NVC or (more likely), the embassy.  Embassies use particular DNA labs, and they will reject results from unauthorized sources.

[Timona 4,207]

Why don't you have a BC? 

 

And what did you use when you filed your own petition? 

[nastra30 2,284]

9 hours ago, Koko bongo said:

 

I'll let the lawyer know. However, I already have the NPC "To whom it may concern" Attestation Of Birth which the lawyer said will not be sufficient. Thank you

Why can't you get an actual birth certificate from NPC?

[JeanneAdil 6,483]

why can't your mom get a new BC for u /she's in your home country?

 

we use bc many places once here in US
did your spouse keep paper or digital copy when she filed for u?

did u take copy to the bank to open account?

did SS get a copy?

many of these places may have one with your file and be able to help

[lolo83421 9]

23 hours ago, Koko bongo said:

I recently became a US citizen and need to file for my mom whom the consulate had denied Visa thrice for no reason. upon speaking to a lawyer whom I plan to use to help file. he said since my birth certificate is missing. Myself and my mom will have to take a DNA test and he advised we take it before applying so to reduce the chances of rejection which we'll still have to go back and take the test. I have a national population document and a court affidavit to prove my age but he said this will not fly with USCIS. Has anyone gone through similar circumstances and did you just go to any random medical laboratory to do the test? I'm in the US and my mum is in Nigeria. Please, advise.

HI Koko,

Although our filing was different (K-1),  it was the same National Population Document and Court affidavit that my husband used along with his baptismal certificate and it was accepted.  If you can get your baptismal certificate, it should help.  NB:  I didn't use a lawyer at allllll. 

 

[Koko bongo 2]

On 2/12/2024 at 9:54 PM, SalishSea said:

She was denied for immigrant intent.

 

If she is properly petitioned for an immigrant visa, that will not be an issue.

 

However, you DO need to get your documents in order.  Nigeria is notorious for fake documents.  And contrary to what your lawyer recommended, the party line here on VJ is generally not to do a DNA test until the request comes from NVC or (more likely), the embassy.  Embassies use particular DNA labs, and they will reject results from unauthorized sources.

Thank you, I’d already reached out to an accredited medical lab here which I got the link from the US consulate website. They are very familiar with the process. They said my lawyer has to contact them 1st with the intent for the DNA and then I pay the fees about $800 which the bulk is to ship the test kit to the consulate in Lagos, the consulate will then contact my mum to come and submit the samples. 

[Koko bongo 2]

13 hours ago, lolo83421 said:

HI Koko,

Although our filing was different (K-1),  it was the same National Population Document and Court affidavit that my husband used along with his baptismal certificate and it was accepted.  If you can get your baptismal certificate, it should help.  NB:  I didn't use a lawyer at allllll. 

 

 Was this for filing for a parent. I came in via K1 as well and have used the court affidavit and NPC document all through. But for filling for my mum is getting quite different 

[Koko bongo 2]

On 2/12/2024 at 7:51 PM, nastra30 said:

Can't you obtain new BC from National Population Commission (NPC)?

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

I already have one, but the lawyer advised it’s not going to be sufficient since the period of birth is far from when the doc was issued and Nigeria is notoriously known for fake documents. Hence only DNA can work 

[SalishSea 17,786]

8 hours ago, Koko bongo said:

Thank you, I’d already reached out to an accredited medical lab here which I got the link from the US consulate website. They are very familiar with the process. They said my lawyer has to contact them 1st with the intent for the DNA and then I pay the fees about $800 which the bulk is to ship the test kit to the consulate in Lagos, the consulate will then contact my mum to come and submit the samples. 

Oh good!  Didn’t want you to get scammed or end up with results they wouldn’t accept.   Please keep us updated on how it goes.

[Ng2Tn 1]

Per US Dept. of State what you have should be sufficient provided it has your mother’s name on it as well (not only your father).

 

Your lawyer may not be informed on Nigeria circumstances and the 1992 Law Act #69 which only made compulsory registration of births and deaths via National Population Commission a requirement and could be using other countries situation for reference.

 

Most Nigerians use only what you have for legal proof of age, parents relationship, and immigration petitions. If you have other physical evidence (childhood pics, parent’s marriage cert, school records showing her name as your parents, etc) you can include them too as supporting doc.

 

If the US needs a DNA proof of relationship for I-130, they will certainly send you RFE but it won’t be because of your NPC document. See the link below: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Nigeria.html