Birth Certificate Related

[kd2008]

Hi Guys,

Can you please answer my questions below? - The link provided (http://india.gov.in/howdo/index.php) does not seem to provide info on corrections to certificates.

1. What documents are required to correct the spelling errors in the bc?

Depends on the local authority reissuing the certificate. A photocopy of the original is needed. If the correct spelling names appear in the Passport - first and last page, school leaving certificate etc. In my case, a photocopy of original and the first and last page of passport was enough as it showed clear connection between the original birth certificate and the passport - except for name everything else was same.

2. Should we go to any specific govt. authority who has jurisdication over the place of birth to get the bc corrected, in India? The reason being, I was born in a city different and far away from where my parents reside now and I am not sure how they can get it from my place of birth.

Yes you will most likely have to do that as there is no centralized system or database. Mostly likely the local municipal office. You don't need to send your parents. Anyone in that town you know will work who has the photocopies and can establish connection. In my case I sent scanned copies to my uncle and he printed them out.

3. If jurisdiction does not matter, does a general statement from my parents (notarized by any Notary Public) suffice?

If you are making an affidavit then yes.

4. Is there a specific template used for spelling correction? If so, can you please provide it as well? - Nishant, I looked at the templates you provided earlier in the forum but I am not sure, if they can be used for spelling corrections as well. Can you please throw some light?

When you make the affidavit you have to mention the reason for it. In your case the discrepancy in the spelling of your name etc. Use Nishant's template - it captures the important details you will need in the affidavit. But it does not need to be worded exactly. There is no format here. It is just a template. Consult an attorney in US for best advice.

Thanks for the help.

You are welcome

[mysati]

Thanks KD!

[krishnav]

Hello Gurus,

Question more on the medical side...just wanted to see if anyone had a similar situation.
Our dates became current in the Nov bulletin and so we went to the doctor for the vaccinations and medical tests etc.
I had all the medical records and so I didnt get any vaccinations. My wife had to get a TDAP vaccine and thats all.

Now, we were planning on having kids and our doctor didnt tell us anything about how long we need to wait after vaccinations (except in the questionaire they asked if there was chances of my wife gettign pregnant in next 1 month).
Today one of my friend told me that one of the immigration doctors told his sister that one needs to wait for 6 months after vaccinations are done to plan on getting pregnant.
I was wondering if any of the people here had a similar situation or know more about this?

Our parents are killing us to have kids and telling them NOT FOR ANOTHER 6 MONTHS would be a tough task for us...haha.

Any thoughts would be appreciated.

[pch053]

I think yesterday was a good day for approvals. I got my I485 approval email as well. My PD is 11th July'07 and my case was with NSC. I am a bit surprised as I did't submit my medical tests during the Aug'07 rush (I would have missed the deadline had I waited for the medical tests) and was expecting a RFE. Can USCIS ask to do the medical tests (like fingerprinting) after I485 approval or during ADIT processing?

My journey in US so far:
1998 - 2003 (MS + Phd)
2003 - 2005 (Employer A)
2005 - 2006 (Employer B)
2006 - 2009 (Employer C) --> filed my green card through this employer
2009 - present (Employer D) --> switched jobs using AC21
I probably should have applied earlier for green card but all is well that ends well. Looking forward to seeing more approvals and advancement of PDs in near future.

[grnwtg]

Congrats pch053....yours is a heck of journey...


I think yesterday was a good day for approvals. I got my I485 approval email as well. My PD is 11th July'07 and my case was with NSC. I am a bit surprised as I did't submit my medical tests during the Aug'07 rush (I would have missed the deadline had I waited for the medical tests) and was expecting a RFE. Can USCIS ask to do the medical tests (like fingerprinting) after I485 approval or during ADIT processing?

My journey in US so far:
1998 - 2003 (MS + Phd)
2003 - 2005 (Employer A)
2005 - 2006 (Employer B)
2006 - 2009 (Employer C) --> filed my green card through this employer
2009 - present (Employer D) --> switched jobs using AC21
I probably should have applied earlier for green card but all is well that ends well. Looking forward to seeing more approvals and advancement of PDs in near future.

[qesehmk]

PCH congrats! looks like you didn't wait on your career even as you lost time in filing GC. Way to go if true.


I think yesterday was a good day for approvals. I got my I485 approval email as well. My PD is 11th July'07 and my case was with NSC. I am a bit surprised as I did't submit my medical tests during the Aug'07 rush (I would have missed the deadline had I waited for the medical tests) and was expecting a RFE. Can USCIS ask to do the medical tests (like fingerprinting) after I485 approval or during ADIT processing?

My journey in US so far:
1998 - 2003 (MS + Phd)
2003 - 2005 (Employer A)
2005 - 2006 (Employer B)
2006 - 2009 (Employer C) --> filed my green card through this employer
2009 - present (Employer D) --> switched jobs using AC21
I probably should have applied earlier for green card but all is well that ends well. Looking forward to seeing more approvals and advancement of PDs in near future.

[sandeep11]

Congratulations!!!!

It is a bit surprising that there was no RFE for medicals..Thats is a long wait but your persistence paid off....as you said all is well that ends well.......Have Fun.


I think yesterday was a good day for approvals. I got my I485 approval email as well. My PD is 11th July'07 and my case was with NSC. I am a bit surprised as I did't submit my medical tests during the Aug'07 rush (I would have missed the deadline had I waited for the medical tests) and was expecting a RFE. Can USCIS ask to do the medical tests (like fingerprinting) after I485 approval or during ADIT processing?

My journey in US so far:
1998 - 2003 (MS + Phd)
2003 - 2005 (Employer A)
2005 - 2006 (Employer B)
2006 - 2009 (Employer C) --> filed my green card through this employer
2009 - present (Employer D) --> switched jobs using AC21
I probably should have applied earlier for green card but all is well that ends well. Looking forward to seeing more approvals and advancement of PDs in near future.

[immitime]

I think yesterday was a good day for approvals. I got my I485 approval email as well. My PD is 11th July'07 and my case was with NSC. I am a bit surprised as I did't submit my medical tests during the Aug'07 rush (I would have missed the deadline had I waited for the medical tests) and was expecting a RFE. Can USCIS ask to do the medical tests (like fingerprinting) after I485 approval or during ADIT processing?

My journey in US so far:
1998 - 2003 (MS + Phd)
2003 - 2005 (Employer A)
2005 - 2006 (Employer B)
2006 - 2009 (Employer C) --> filed my green card through this employer
2009 - present (Employer D) --> switched jobs using AC21
I probably should have applied earlier for green card but all is well that ends well. Looking forward to seeing more approvals and advancement of PDs in near future.

PCH053 that was a very long journey, I admire your patience and courage to withstand the frustations, beacuse of this useless EB system created in your life and of course in all of our lives too. I do not know when I will be relieved from this mess! Have a nice weekend, enjoy the Green!

[nishant2200]

Congratulations friend!

Let me tell you, approval without even medicals, that proves to me a point my lawyer always says to me: He says that people who have done masters education here in a good university, and have a clean straightforward full time job history, USCIS just rubber stamps the approval, they don't scrutinize much at all. He thinks it will be a piece of cake to get approval once dates get current.

Another thing, these days you get finger printed at POE as well as home consulate. I have known of cases when after GC approval, within few days people were asked to get finger printing done.

I have never seen a case of GC being given without medicals though. Guess a PhD deserves it :D


I think yesterday was a good day for approvals. I got my I485 approval email as well. My PD is 11th July'07 and my case was with NSC. I am a bit surprised as I did't submit my medical tests during the Aug'07 rush (I would have missed the deadline had I waited for the medical tests) and was expecting a RFE. Can USCIS ask to do the medical tests (like fingerprinting) after I485 approval or during ADIT processing?

My journey in US so far:
1998 - 2003 (MS + Phd)
2003 - 2005 (Employer A)
2005 - 2006 (Employer B)
2006 - 2009 (Employer C) --> filed my green card through this employer
2009 - present (Employer D) --> switched jobs using AC21
I probably should have applied earlier for green card but all is well that ends well. Looking forward to seeing more approvals and advancement of PDs in near future.

[harick]

I am a bit surprised as I did't submit my medical tests during the Aug'07 rush (I would have missed the deadline had I waited for the medical tests) and was expecting a RFE. Can USCIS ask to do the medical tests (like fingerprinting) after I485 approval or during ADIT processing?


Congratulations pch053. Did you submit your midical reports afterwards or did you not submit them at all?

Thanks

[pch053]

Thanks everyone for the good wishes! It was a long journey and I was expecting a RFE (for medical test) rather than approval. Anyway, I won't complain; sometimes we are in for pleasant surprises. This the most amazing online forum I have ever been and I will surely hang around and pass on anything I have learned from the great people (too many names to list!) so that it might help future green card applicants.

Nishant, qblogfan and others waiting for the dates to move forward: I am surely hoping that your time will come in the Dec bulletin. Teddy, PWMBs and people waiting for their I485 approval: Wishing you a speedy approval in the final part of the GC journey.

[veni001]

I think yesterday was a good day for approvals. I got my I485 approval email as well. My PD is 11th July'07 and my case was with NSC. I am a bit surprised as I did't submit my medical tests during the Aug'07 rush (I would have missed the deadline had I waited for the medical tests) and was expecting a RFE. Can USCIS ask to do the medical tests (like fingerprinting) after I485 approval or during ADIT processing?

My journey in US so far:
1998 - 2003 (MS + Phd)
2003 - 2005 (Employer A)
2005 - 2006 (Employer B)
2006 - 2009 (Employer C) --> filed my green card through this employer
2009 - present (Employer D) --> switched jobs using AC21
I probably should have applied earlier for green card but all is well that ends well. Looking forward to seeing more approvals and advancement of PDs in near future.

pch053,
Looks like your journey is the longest out of all registered members on this forum!

Congratulations.

[qblogfan]

thanks my friend.

best wishes to you and your family. enjoy your freedom and be happy!


Thanks everyone for the good wishes! It was a long journey and I was expecting a RFE (for medical test) rather than approval. Anyway, I won't complain; sometimes we are in for pleasant surprises. This the most amazing online forum I have ever been and I will surely hang around and pass on anything I have learned from the great people (too many names to list!) so that it might help future green card applicants.

Nishant, qblogfan and others waiting for the dates to move forward: I am surely hoping that your time will come in the Dec bulletin. Teddy, PWMBs and people waiting for their I485 approval: Wishing you a speedy approval in the final part of the GC journey.

[TeddyKoochu]

Thanks everyone for the good wishes! It was a long journey and I was expecting a RFE (for medical test) rather than approval. Anyway, I won't complain; sometimes we are in for pleasant surprises. This the most amazing online forum I have ever been and I will surely hang around and pass on anything I have learned from the great people (too many names to list!) so that it might help future green card applicants.

Nishant, qblogfan and others waiting for the dates to move forward: I am surely hoping that your time will come in the Dec bulletin. Teddy, PWMBs and people waiting for their I485 approval: Wishing you a speedy approval in the final part of the GC journey.

Thanks again my friend for your good wishes. Iam trying hard to have everything together for the filing. Your profile is amazing; you could probably have been EB1 as well. Someone of your caliber with a Phd having to wait so long is quite unique.

[chandrukv]

Q and rest of the team...

You guys are doing a wonderful job. I have been the silent spectator all these days. My Priority date is Sep 14 2007. I just completed doing my paperwork for 485 filing. I would like to share my Medical experience which might benefit others...

Medical cost $177 (Including shots & doctor Fee). This is in Minneapolis and the doctor is an Afghani and they accept only cash. I didn't have any shots history.

Day1 - Went for the physical check up. Doctor gave 3 Mandatory booster shots and did the TB skin test.
He referred to local hospital for blood test where they accepted my Insurance.
Day3 - Went to hospital to have the TB results checked. I had a positive reaction and my wife had negative.
Doctor recommended for a Chest X-ray and referred to another close by hospital where they accepted my insurance (Not sure how much it will cost until I receive the bills from the hospital)
Day 5- I had the chest X-ray results which was negative. Doctor signed the Medical report and gave me the sealed envelope.
Doctor didn't recommend for any further treatments...

[TeddyKoochu]

guys and guru's... is it really important to file 485 on the first day itself? please let me know.

You should definitely aim for that if possible because there have been numerous postings on forums that USCIS finally goes by Receipt Date and Notice date within the PD ranges that is current. But realistically don't lose sweat on it these days once the date is current people do get approved it’s only a matter of few days here and there. This has always been a big question what USCIS uses RD/ND/PD though maybe it’s a little bit of luck. On another note best to ensure that the application is comprehensive and correct. In my own case the lawyer and company HR will do everything possible to slow things down but its upto us to keep pushing to an extent. My lawyer refused to accept the packet unless everything is there so I could only send the stuff to him today after I got the affidavits for the birth certificate, now he will review it and Iam sure there will be some back and forth, so personally I have given up filing on the 1st even though hoped for it.

[gc0907]

I sent the required docs to my lawyer last week and he confirmed everything is all set and ready to go on 10/31. So hope it will be @USCIS by 11/02-03 unless he mails by nextday air.


guys and guru's... is it really important to file 485 on the first day itself? please let me know.


You should definitely aim for that if possible because there have been numerous postings on forums that USCIS finally goes by Receipt Date and Notice date within the PD ranges that is current. But realistically don't lose sweat on it these days once the date is current people do get approved it’s only a matter of few days here and there. This has always been a big question what USCIS uses RD/ND/PD though maybe it’s a little bit of luck. On another note best to ensure that the application is comprehensive and correct. In my own case the lawyer and company HR will do everything possible to slow things down but its upto us to keep pushing to an extent. My lawyer refused to accept the packet unless everything is there so I could only send the stuff to him today after I got the affidavits for the birth certificate, now he will review it and Iam sure there will be some back and forth, so personally I have given up filing on the 1st even though hoped for it.

[kpt112107]

If you don't mind, please check this with personal doctor instead of asking public.
I hope you understand.


Hello Gurus,

Question more on the medical side...just wanted to see if anyone had a similar situation.
Our dates became current in the Nov bulletin and so we went to the doctor for the vaccinations and medical tests etc.
I had all the medical records and so I didnt get any vaccinations. My wife had to get a TDAP vaccine and thats all.

Now, we were planning on having kids and our doctor didnt tell us anything about how long we need to wait after vaccinations (except in the questionaire they asked if there was chances of my wife gettign pregnant in next 1 month).
Today one of my friend told me that one of the immigration doctors told his sister that one needs to wait for 6 months after vaccinations are done to plan on getting pregnant.
I was wondering if any of the people here had a similar situation or know more about this?

Our parents are killing us to have kids and telling them NOT FOR ANOTHER 6 MONTHS would be a tough task for us...haha.

Any thoughts would be appreciated.

[Karma1979]

My birth year is 1979 and my birth certificate was made in 1982. is this a problem? If so then what is the solution?
thanks in advance. u guys rock!!!

[gcseeker]

Karma1979

Please refer to this thread.Nishant and others have already done a lot of work posting sample affidavits which can be used.

http://www.qesehmk.org/forums/showthread.php?64-Birth-Certificate-Related-Issues..

You need to submit an affidavit from your parents since date of registration was done later on. Hope this helps.


My birth year is 1979 and my birth certificate was made in 1982. is this a problem? If so then what is the solution?
thanks in advance. u guys rock!!!

[Karma1979]

Nishant and Others,
I am facing a similar problem. On my birth certificate my father's name is spelled as "Pradip" and on my passport it is "Pradeep". can someone please send me a sample affidavit that I have to get from my father to prove that it is one and the same person and no name change. Also should I get affidavits signed my grandmother that Pardip and Pradeep are one and the same person??? thanks in advance.

I have a similar problem. There is a "ben" attached to my mother's name. What you can do is explicitly specify in the affidavit that:

Lakshmi and Laxmi are different ways to spell the name from your native language of the region into English. This should not be considered name change. The following names refer to one and same person:
list down all full names like lastname lakshmi middle, lastname laxmi middle etc

Next write down this affidavit is being provided to clarify the naming translation and is being provided as a proof of your birth and parentage.

Remember the affidiavits are first person from the deponent's point of view. so the language would be as if your mother is saying it.

[kd2008]

Nishant and Others,
I am facing a similar problem. On my birth certificate my father's name is spelled as "Pradip" and on my passport it is "Pradeep". can someone please send me a sample affidavit that I have to get from my father to prove that it is one and the same person and no name change. Also should I get affidavits signed my grandmother that Pardip and Pradeep are one and the same person??? thanks in advance.

Each person's case is unique. A public forum is not a place to obtain case specific opinion for such a sensitive matter. This forum and its members do not wish to be liable for inadvertent and incorrect advise. Please consult a competent attorney. Yes, your matter is that important.

You can if you wish, get the birth certificate reissued following the guidance given above to mysati.

[vizcard]

Question regarding the medicals... If I choose a civil surgeon who is also in my insurance network, would the blood work and vaccination be covered by the insurance?

I have read from few other posts that vaccination was paid by the insurance. I am wondering, would the insurance company treat the claims the same way whether the claim is from my PCP or the civil surgeon in the USCIS list who is also in my PPO network??

That depends on your insurance. Typically, insurance covers medical conditions and preventative care (vaccinations, physicals). Immigration certification does not fall in these categories. You may be able to pass it off as an annual physical but that depends on the way the civil surgeon and your insurance wants to handle it. I believe the blood work is covered as well... just knowing from past blood work that I've done to test for medications in my blood stream.

[nishant2200]

On first page of the thread, go through the posts, you will find information about affidavit formats and websites.


Nishant and Others,
I am facing a similar problem. On my birth certificate my father's name is spelled as "Pradip" and on my passport it is "Pradeep". can someone please send me a sample affidavit that I have to get from my father to prove that it is one and the same person and no name change. Also should I get affidavits signed my grandmother that Pardip and Pradeep are one and the same person??? thanks in advance.

[Reader]

I need advice from the experts for couple of issues in my birth certificate.

1. In my BC, my name is prefixed with the initials of my father's name which is common in south India. But, in my passport the name is given without initials and father's name is given as the family name. Does this need to be mentioned in the affidavit? (I am preparing affidavit anyway due to the registration date)

2. In my BC, the place of birth is given as City A which is a bigger city where the hospital is located, but the passport has the place of birth as City B which is a nearby city. What is best course of action to get this corrected. Is it easier to get the passport reissued with the correct place of birth based on the bc at the Indian consulate rather than trying to get the BC corrected?

[nishant2200]

Reader, IMHO ur case needs advice of lawyer. Affidavit u may need, but what to write to explain, a lawyer cud say.

It wud be easier to correct passport than BC, I think.


I need advice from the experts for couple of issues in my birth certificate.

1. In my BC, my name is prefixed with the initials of my father's name which is common in south India. But, in my passport the name is given without initials and father's name is given as the family name. Does this need to be mentioned in the affidavit? (I am preparing affidavit anyway due to the registration date)

2. In my BC, the place of birth is given as City A which is a bigger city where the hospital is located, but the passport has the place of birth as City B which is a nearby city. What is best course of action to get this corrected. Is it easier to get the passport reissued with the correct place of birth based on the bc at the Indian consulate rather than trying to get the BC corrected?

[kd2008]

I need advice from the experts for couple of issues in my birth certificate.

1. In my BC, my name is prefixed with the initials of my father's name which is common in south India. But, in my passport the name is given without initials and father's name is given as the family name. Does this need to be mentioned in the affidavit? (I am preparing affidavit anyway due to the registration date)

2. In my BC, the place of birth is given as City A which is a bigger city where the hospital is located, but the passport has the place of birth as City B which is a nearby city. What is best course of action to get this corrected. Is it easier to get the passport reissued with the correct place of birth based on the bc at the Indian consulate rather than trying to get the BC corrected?

Please consult a competent attorney for best advice. Each case is unique and these matters require careful attention.

[vizcard]

I need advice from the experts for couple of issues in my birth certificate.

1. In my BC, my name is prefixed with the initials of my father's name which is common in south India. But, in my passport the name is given without initials and father's name is given as the family name. Does this need to be mentioned in the affidavit? (I am preparing affidavit anyway due to the registration date)

2. In my BC, the place of birth is given as City A which is a bigger city where the hospital is located, but the passport has the place of birth as City B which is a nearby city. What is best course of action to get this corrected. Is it easier to get the passport reissued with the correct place of birth based on the bc at the Indian consulate rather than trying to get the BC corrected?

#1 should be ok with an affidavit.
#2 is slightly more problematic. Like others have said, check with your lawyers.

[sreddy]

I agree each case is different. Think about what it takes to get an affidivit. Compared to getting Birth Certificate, getting affidivit is very easy in india, and you can ask your contacts in India to just send scanned soft copy in email. Also please note, they may ask for additional evidences, some old certificates or cards containing your date of birth and father's name, like School leaving certificate or PAN card if you have one (PAN card is the Tax card in india, if you have paid taxes in india), etc.


Please consult a competent attorney for best advice. Each case is unique and these matters require careful attention.

[Reader]

Thanks guys for your suggestions. Some updates and clarifications..

1. My father was able to take care of the #1 and got new BC issued today with my name written without initials.

2. Regarding the place of birth issue, actually the issue is for my wife's passport. I incorrectly mentioned it as my passport. Does that make it less problematic, since I am the primary and she is the dependent? In any case, I am considering going to the NY Indian consulate to get the place of birth corrected in the passport based on the BC. Do you guys foresee any problems in this?


I need advice from the experts for couple of issues in my birth certificate.

1. In my BC, my name is prefixed with the initials of my father's name which is common in south India. But, in my passport the name is given without initials and father's name is given as the family name. Does this need to be mentioned in the affidavit? (I am preparing affidavit anyway due to the registration date)

2. In my BC, the place of birth is given as City A which is a bigger city where the hospital is located, but the passport has the place of birth as City B which is a nearby city. What is best course of action to get this corrected. Is it easier to get the passport reissued with the correct place of birth based on the bc at the Indian consulate rather than trying to get the BC corrected?

[tackle]

In any case, I am considering going to the NY Indian consulate to get the place of birth corrected in the passport based on the BC. Do you guys foresee any problems in this?

If I remember correctly, the Indian Consulate will require a court order before they could update the place/date of birth on the Passport. My wife's case is similar. Her Passport has correct Place of Birth, but on BC it is different as she was born in City A but birth was registered in City B. We tried to get the BC updated to match passport and found out that it is not possible to do that. When I asked my lawyers if I should try and get Passport updated to match BC, they said, we'll just use the "correct" place of birth on the forms (even though it is different on BC) and if there is an RFE, they'll take care of it.

tl;dr: Talk to your lawyer, explain the issue and ask for their advise.

[Reader]

Thanks.. In my case, the place of birth on her BC is correct and the place of birth mentioned in the passport is wrong (her home address city).. I am still waiting for my company lawyer to respond to my vm...



If I remember correctly, the Indian Consulate will require a court order before they could update the place/date of birth on the Passport. My wife's case is similar. Her Passport has correct Place of Birth, but on BC it is different as she was born in City A but birth was registered in City B. We tried to get the BC updated to match passport and found out that it is not possible to do that. When I asked my lawyers if I should try and get Passport updated to match BC, they said, we'll just use the "correct" place of birth on the forms (even though it is different on BC) and if there is an RFE, they'll take care of it.

tl;dr: Talk to your lawyer, explain the issue and ask for their advise.

[kreddy.g]

Hello all,
I have a BC with no name on it and my 10th certificate they changed my DOB. So right now I think the BC will not valid since the DOB on BC is different than my passport and 10th certificate. I checked with local municipal and they said it will take around 1month to issue a non-availability certificate. So could any one please tell me whether Affidavits alone will work? Could any one please share some thoughts?

Thanks
Kreddy.

[Karma1979]

Hello I have prepared an affidavit. Please let me know if I should add, remove or change anything.

AFFIDAVIT

English translation of same first name


I, the undersigned, Pradip (alias Pradeep) Last name aged – XX years, Hindu by religion, presently residing at XXXXXX, India, do hereby solemnly affirm and declare on oath that:


1. I am the deponent herein and a citizen of India.

2. I was born on XXXX, India.


3. I was married to XXX on Oct 7, 1965 in Mumbai, India.


4. I am father of my son, XXX XXXX who was born on December XXXX in Mumbai India currently residing in xxxx USA address xxxxx.


5. Pradip and Pradeep are two different ways to spell the first name from my native language of the region into English. This should not be considered name change.




6. My first name is stated as Pradip on my son’s birth certificate and as Pradeep on my son’s passport.


7. Pradip and Pradeep are phonetically accepted spelling of the same first name in India.


8. Therefore, the following first names refer to the one and the same person:

Pradeep
Pradip


The above are the variations of the same name and should not be considered name changes. I am executing this affidavit to clear any discrepancy which may arise from official documents bearing either name “Pradip” or “Pradeep”.

So I do hereby solemnly affirm that foregoing are true and correct statements.


_______________________________ ____________
Deponent Signature Date


Acknowledged and signed in the presence of ______________________, attorney counsel.



_______________________________ ____________
Attorney Signature Date

[Reader]

tackle, Thanks for your response. Did you initiate the process for getting a court order to get the place of birth corrected in the passport? When you say that if there is an RFE, they will take care of it, do you have any indication on how exactly they are planning to handle it. My attorney suggested to get the passport corrected based on the BC through whatever way possible and we know that the only way is to get the court order. I am thinking of trying out that option to have it done by the time if and when there is an RFE for place of birth.



If I remember correctly, the Indian Consulate will require a court order before they could update the place/date of birth on the Passport. My wife's case is similar. Her Passport has correct Place of Birth, but on BC it is different as she was born in City A but birth was registered in City B. We tried to get the BC updated to match passport and found out that it is not possible to do that. When I asked my lawyers if I should try and get Passport updated to match BC, they said, we'll just use the "correct" place of birth on the forms (even though it is different on BC) and if there is an RFE, they'll take care of it.

tl;dr: Talk to your lawyer, explain the issue and ask for their advise.

[tackle]

tackle, Thanks for your response. Did you initiate the process for getting a court order to get the place of birth corrected in the passport? When you say that if there is an RFE, they will take care of it, do you have any indication on how exactly they are planning to handle it. My attorney suggested to get the passport corrected based on the BC through whatever way possible and we know that the only way is to get the court order. I am thinking of trying out that option to have it done by the time if and when there is an RFE for place of birth.

Nope, I didn't initiate the process of getting court order. This is the last note that I got from my Paralegal on this:

Please don't worry about the birth certificates. <Lawyer> has said that we will submit your wife's certificate as it is. If USCIS will request later on about her certificate, we will explain what happened.. that we tried to fix it but couldn't.

So, we are submitting my wife's birth-certificate with the Place of Birth inconsistency. They did ask me to get the spelling mistake on her BC fixed which we got done. They were not too worried about the Place of Birth inconsistency. And, I'm going with my lawyers suggestion.

[gcdedo]

Guys, I am in process of preparing affidavit. Can you please let me know what amount of notary paper should I use for this. Also if I have a second page what value of stamp should be stuck to it.

[Pedro Gonzales]

tackle, Thanks for your response. Did you initiate the process for getting a court order to get the place of birth corrected in the passport? When you say that if there is an RFE, they will take care of it, do you have any indication on how exactly they are planning to handle it. My attorney suggested to get the passport corrected based on the BC through whatever way possible and we know that the only way is to get the court order. I am thinking of trying out that option to have it done by the time if and when there is an RFE for place of birth.

Actually, you may want to check with the consulate on the passport issuance. They may be willing to do it without a court order. I got my name changed on my passport in the consulate without a court order. All I had was documents to prove that my name on my passport was incorrect. They did give me a lot of trouble about why I didn't fix it right away upon receiving the passport (the reason being, I had a deadline to fly to the US and it was easier to get my admit letter and other docs changed than to get the passport changed - i went through B-School on the wrong name, my classmates didn't find out until after I finished; they still find it hillarious that I went through 2 years answering to the wrong name). Also a) I got escorted upstairs to talk to one of the consuls who wanted to make sure I was legit, b) they only gave me a 1-year passport at first until they could run some checks, c) a year later when I went back for a renewal, they hassled me a little bit more about why I only had a 1 year passport, and d) took extra time to make sure those checks they'd ordered a year ago didn't pull up anything suspicous. In the end I got the name changed just fine.

Bottom line, go to the consulate. You have the birth certificate, the passport is wrong, they should fix it. They may ask you to bring back other docs to prove that the person on the passport and BC are one and the same, but they may be able to do it without a court order.

[nishant2200]

friend, a suggestion, you should always mention your full name everywhere, not just Pradip. And always good to have affidavits approved by lawyer.


Hello I have prepared an affidavit. Please let me know if I should add, remove or change anything.

AFFIDAVIT

English translation of same first name


I, the undersigned, Pradip (alias Pradeep) Last name aged – XX years, Hindu by religion, presently residing at XXXXXX, India, do hereby solemnly affirm and declare on oath that:


1. I am the deponent herein and a citizen of India.

2. I was born on XXXX, India.


3. I was married to XXX on Oct 7, 1965 in Mumbai, India.


4. I am father of my son, XXX XXXX who was born on December XXXX in Mumbai India currently residing in xxxx USA address xxxxx.


5. Pradip and Pradeep are two different ways to spell the first name from my native language of the region into English. This should not be considered name change.




6. My first name is stated as Pradip on my son’s birth certificate and as Pradeep on my son’s passport.


7. Pradip and Pradeep are phonetically accepted spelling of the same first name in India.


8. Therefore, the following first names refer to the one and the same person:

Pradeep
Pradip


The above are the variations of the same name and should not be considered name changes. I am executing this affidavit to clear any discrepancy which may arise from official documents bearing either name “Pradip” or “Pradeep”.

So I do hereby solemnly affirm that foregoing are true and correct statements.


_______________________________ ____________
Deponent Signature Date


Acknowledged and signed in the presence of ______________________, attorney counsel.



_______________________________ ____________
Attorney Signature Date

[Eb2_Dec07]

Sorry for asking the question which is out of place for this thread. My spouse'e employer is supposed to pay for GC process expense. Typically when employers do , at I 485 stage are the employers expected to pay for the attorney fee part . I understand USCIS fee will be born by the applicants.

[rdsingh79]

Guys..I have a question. Have anyone used 10th Board exam certificate (it has the date of birth listed on it) instead of "school leaving certificate" as secondary evidence. I don't have my school leaving certificate, but I am wondering if 10th board exam certificate could be acceptable.

[gc0907]

It totally depends on the agreement between the applicant and the employer.
Applicant might pay nothing or a part or entire expense of GC including attorney fees and USCIS fees for labor+140+485+etc.


Sorry for asking the question which is out of place for this thread. My spouse'e employer is supposed to pay for GC process expense. Typically when employers do , at I 485 stage are the employers expected to pay for the attorney fee part . I understand USCIS fee will be born by the applicants.

[gc0907]

If the school still exist then it shouldn't be hard to get a school leaving I guess. My mom didn't have her's school leaving when we wanted to apply for her passport. Got it from the school she attended 30 years ago. Again YMMV in India.

[nishant2200]

http://www.jackson-hertogs.com/jh/memos/69010.pdf

A good one to see

[Pdmar08]

PLEASE MOVE TO THE APPROPRIATE THREAD
I specifically asked for it a little while back. I wanted to be sure I atleast figured out gaps in my "packet" so that I could chase that down. They made a point to tell me NOT to do medicals or photos till I got current.

I-485 FILING SUPPORTING DOCUMENTS LIST
NAME OF APPLICANT: ___________________________________________

 Medicals: Sealed Medical Exam from a USCIS-approved physician. As part of the Adjustment of Status process, you and any family members applying with you will need to complete a medical exam with a USCIS-approved physician. For a list of USCIS-approved physicians, please refer to the USCIS Civil Surgeon Locator at the following web site, https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV. You may also call the USCIS National Customer Service Center at 1-800-375-5283 to receive the names of USCIS-designated Civil Surgeons in your area. When contacting the physician's office for your appointment, you should inquire into which forms and/or documentation you will need to provide for the medical examination. If needed, Form I-693 can be downloaded from the USCIS website at the following link: http://www.uscis.gov/files/form/I-693.pdf.
 Photo ID: Two color photocopies of your photo ID (either driver's license or passport ID page) for yourself and each dependent applying with you
 Passports: Complete copy of current passports (including blank pages) as well as expired passports containing U.S. visa(s) for you and family members. (Copies should be made on full-size 8½ “ x 11” paper)
 Copy of most current I-94 card: (Copy should be made on full-size 8½ “ x 11” paper)
 Court and Prison Records: (if applicable) A certified copy of each court record or any prison record must be obtained for any criminal conviction(s).
 Marriage Certificates: (if applicable) A copy of an official marriage certificate. (This applies to all previous marriages, either in or outside the U.S., if married more than once.)
 Final Divorce Decree: (if applicable) Proof of termination of prior marriage(s), such as final decree of divorce, annulment, or death certificate. Custody documents must be provided for any minor children who will be applying for permanent residence. (Applies to all previous divorces or annulments, either in or outside the U.S.)
 Birth Certificates: A copy of an extract of a "Registered" birth certificate, for all applicants as well as children not applying with you, is required. The birth certificate must state the date and place of birth and full names of both parents, including the maiden name of the mother. (In some countries this is the form of birth record referred to as "full birth certificate" or "long-form birth certificate"). If you have legally changed your name since birth, other than through marriage, legal evidence of the name change must also be supplied.
 Forms I-797, I-129S: If current or prior H or L, provide copies of all Forms I-797 (approval notices) for you and family members. If entered on blanket L, provide copy of stamped I-129S.
 Employment Authorization: If current or prior F-1, J-1 or J-2, provide copies of all Forms DS2019 (formerly known as IAP-66), Form I-20s and EAD cards.
 8 Passport-style Photographs: Please clearly print your first/last name and your date of birth on the backside of each photograph in pencil. See photo specification sheet attached to our email.
 Legal evidence of name change except by marriage: (if applicable)
 Custody decree for children: (if applicable)

MISSING DOCUMENT (List any documents not submitted below and the reason for not submitting them)

__________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________

Thanks for posting this, i have a few questions,
1. What does "If entered on blanket L, provide copy of stamped I-129S" mean, do you mean stamp in passport or copy of I129
2. I have all my I797s but my wife has worked here on her own L1 and H1 never as dependant on my H1. in that case too do we need her I797s too?

And i had posted this before but i m not sure if i got the right answer, do we absolutely need to have spouses name in the passport?

My PD is a little bit far away but as far as medicals go, can i get vaccinations done via PCP so that in the future if i go to civil surgeon, i might save time? Suggestions?

[nijor.deha]

Need help GURUS regarding birth certificate

My husband birth certificate name is different than passport .The name in birth certificate and marriage certificate is same .But passport name is different.
What do we do for this?Can you guys through some light

[harryp]

Guys , I have become current with the december bulletin. My PD Dec 1 2007. I have a question on the BC. I have the original BC without my name issued at the time of birth. I got a new one from the municipality last year with my name and parents name and other details . Do i still need to submit an affidavit along with these. I'm unable to get this information. Please Help !!

[tackle]

Guys , I have become current with the december bulletin. My PD Dec 1 2007. I have a question on the BC. I have the original BC without my name issued at the time of birth. I got a new one from the municipality last year with my name and parents name and other details . Do i still need to submit an affidavit along with these. I'm unable to get this information. Please Help !!

Nope. Don't think so. I assume that in your case, they just updated your existing BC with the updated names. So, it should still have an old Registration date. So, you should be OK.

I've seen mentioned in the forums that if the BC registration date is 1 year later than the actual birth-date, you'll need to submit affidavits. I did not see this requirements listed anywhere in the official guidelines. And one of my friends who became current on Nov 1 got his birth registered only recently and even in his case, the lawyers didn't ask him to submit affidavits. Anyway, you'll not need to worry about this as your BC should still have old registration date.

[harryp]

Thank you for the response. Yes my new birth certificate does have the old registration date.

[makmohan]

Thanks for setting up this thread!

A) My wife's mother's name in spelled differently in my wife's passport and birth-certificate. (passport: *nee* vs birthcertifate: *ni*). Birth was registered late and has - registration no: LATE REGISTRATION and Date of Registration: XX/YY/2009.

Would she need an affidavit from her parents with correct names? If yes, we can use the format that surely is posted in the thread somewhere. I read somewhere that late registration is not accepted. What are the substitute documents for that?

B) Another question regarding my birth certificate:
As per general custom, no name was given to me when i was born and when birth was registered. Hence, my birth certificate has no name. It says that a baby was born to X and Y with important details like sex, dob, parents' names etc.

Later on officials issued another authorized document linking my name and my birth certificate saying that:

The name ******My Name******** of the child is verified by ***these documents***, Birth Date ****, Registration No ***** and registration date *** issued by XYZ Municipal Corporation.

Is it sufficient or will it cause any issues? in case of issues I can get affidavit from my parents.

Any help is appreciate.

- M

[makmohan]

Dear Friends,

Anyone to help me with my questions regd birth certificate?

- M

[Karma1979]

Answer A) I have a similar problem with my father's name. Here is the affidavit I prepared and got approved from my lawyer. http://www.qesehmk.org/forums/showthread.php?148-EB2-Predictions-(Rather-Calculations)-2012&p=12243#post12243

Answer B) My lawyer suggested that if there is any significant information missing from your birth certificate like name, place of birth etc, it is better to get affidavits from your parents along with the other proofs like school leaving certificate etc to determine your birth.

I hope this helps. All the best.

[tackle]

Thanks for setting up this thread!

A) My wife's mother's name in spelled differently in my wife's passport and birth-certificate. (passport: *nee* vs birthcertifate: *ni*). Birth was registered late and has - registration no: LATE REGISTRATION and Date of Registration: XX/YY/2009.

Would she need an affidavit from her parents with correct names? If yes, we can use the format that surely is posted in the thread somewhere. I read somewhere that late registration is not accepted. What are the substitute documents for that?

B) Another question regarding my birth certificate:
As per general custom, no name was given to me when i was born and when birth was registered. Hence, my birth certificate has no name. It says that a baby was born to X and Y with important details like sex, dob, parents' names etc.

Later on officials issued another authorized document linking my name and my birth certificate saying that:

The name ******My Name******** of the child is verified by ***these documents***, Birth Date ****, Registration No ***** and registration date *** issued by XYZ Municipal Corporation.

Is it sufficient or will it cause any issues? in case of issues I can get affidavit from my parents.

Any help is appreciate.

- M

A. As I said just a few posts back, I've seen mentioned in the forums that if the BC registration date is 1 year later than the actual birth-date, you'll need to submit affidavits from parents explaining why birth was registered late. Read through this thread and you'll find some more discussion on this. I did not see this requirements listed anywhere in the official guidelines. And one of my friends who became current on Nov 1 got his birth registered only recently and even in his case, the lawyers didn't ask him to submit affidavits. Please talk to your lawyer and do what (s)he says.

B. I recommend getting your name added to your BC. As you already have some certificate from your municipality that certifies that the BC belongs to you, hopefully, it'll be easy to use this certificate and get the BC updated with your name. Again, talk to your lawyer and ask for their opinion. Maybe he thinks that the certificate from municipality is sufficient along with your BC.

Good luck.

[druvraj]

Gurus,

Do I need to get NOC(No record found) before I get the affidavits?

[EB2EB2]

Hi All, I'm in EB2 category with Priority date 23-FEB-2009.

I've question regarding my birth certificate. Basically we did not have my birth certificate at all (It probably was not mandetory in the part of India where I was born).
My mom did an affidavit in 2007 in standard template stating that I'm her son and I was born so-&-so date at so-&-so place. This affidavit is on a 100 Rupee stamp-paper and endorsed by notary in India.

My question is -- Is this birth affidavit enough during filing for I-485 ? Or do I need to produce any other document related to birth proof ?

Please help with this question, please.

Regards.

[MeraGC1]

Friends,
I am current as of Jan 2012. I got my birth certificate in 2007 and my wife got her birth certificate in 2005 (both were registered late).

I am planning to get affidavit from my parents and in-laws in India.

Should I also get affidavit from my uncle and aunt? Please let me know.

Thanks in advance!

[nishant2200]

I think parents and in laws is sufficient, for both of you each.

Here's what my lawyer says. He says do not submit with initial filing, keep it simple, do not complicate. If there is RFE and they ask for it, at that time, they very specifically mention what they want, and then you can supply if needed. He has taken the affidavits from me, and appreciated I got them done in advance, but did not submit them.


Friends,
I am current as of Jan 2012. I got my birth certificate in 2007 and my wife got her birth certificate in 2005 (both were registered late).

I am planning to get affidavit from my parents and in-laws in India.

Should I also get affidavit from my uncle and aunt? Please let me know.

Thanks in advance!

[aaron385]

My wife's parent's name in her Birth Certificate don't match with her passport. Only the first name matches.
Birth certificate has only First and Middle Names.
Her passport has First, Middle and Last name.
Mother's middle name is different from passport.

If I provide affidavits from her parents stating all the details, will that be sufficient?

[essenel]

My wife's parent's name in her Birth Certificate don't match with her passport. Only the first name matches.
Birth certificate has only First and Middle Names.
Her passport has First, Middle and Last name.
Mother's middle name is different from passport.

If I provide affidavits from her parents stating all the details, will that be sufficient?

aaron, this is the situation I had:
- Our last names were listed as initial only
- Spelling mistake in father's first name
- My mother's name was listed as: last name initial, first name, followed by dad's first name. In our passports, every name is listed as first name, last name.

In this situation, my lawyer asked for affidavits from my parents listing the corrections. I think affidavits along with copies of your parents' passports should suffice, but please check with your lawyer.

[ThatIsAll]

I’ve a question. We couldn’t find my wife’s birth certificate. So her parents tried to get a certificate from her native town. Here are the issues they are having
1) The certificate they can give is only in Local language (Marathi).
2) On the birth certificate there are two different names mentioned for her father ABC alias XYZ.
3) Also, on the birth certificate it will be mentioned that a girl baby is born. Her name won’t be mentioned, apparently since the name is decided later on that’s how the birth certificate was made.

Yes, we’ll make an affidavit but will 2) or 3) cause a big issue? Any resolutions that anyone can think of?
Thanks

[EB2EB2]

Hi All, I'm in EB2 category with Priority date 23-FEB-2009. Now I'm current.
I've question regarding my birth certificate. Basically we did not have my birth certificate at all (It probably was not mandatory in the part of India where I was born).
My mom did an affidavit in 2007 in standard template stating that I'm her son and I was born so-&-so date at so-&-so place. This affidavit is on a 100 Rupee stamp-paper and endorsed by notary in India.
My question is -- Is this birth affidavit enough during filing for I-485 ? Or do I need to produce any other document related to birth proof ?
Please help with this question, please.
Regards.

[medatom]

Greetings and congratulation to all who have become current also wish others good luck.
I have become current now (11/18/09). I was born at home so no birth certificates. My mother always used two different names for herself. So when i applied for passport i have name A listed as mother's name. However, i asked my father to get a birth certificate for me, when inquired, the municipal will only issue a birth certificate with name B as it's listed in the ration card right now.
What should i do?. Get a birth certificate with name B listed as mother and get an affidavit from my parents as well.
Thanks a lot.

[ThatIsAll]

Thanx, TT..did anyone have issue with birth certificate not having the name but having just information that it is baby boy or baby girl? as mentioned in my post (http://www.qesehmk.org/forums/showthread.php?148-EB2-Predictions-%28Rather-Calculations%29-2012&p=17737#post17737)

ThatIsAll,

No problem if it is in Marathi. You need to get an exact translation done and then get this translation certified.


Thanks,

[SIII140]

Thanks for your replies Vizcard, Thatisall, EB2Jun08.

@Thatisall: I have the same situation as yours, no name on the birth certificate.I asked my lawyer and she said I'd need affidavits of birth from my parents.

@EB22008, could you please let me know what information was provided for SII I-140 to prove employer's ability to pay?I can show my W-2s to demonstrate the ability to pay.Isn't that enough?Its embarrassing to ask my company to submit Fed Tax returns everytime.Its confidential info and they'd rather keep it to themselves.

@Vizcard: You are right, TB must be treated.

[GhostWriter]

Can someone answer suninphx's question. I also have the same question, is it only for informational purpose or will we be required to furnish some document from that city. I have been in US for 7 years and was in different cities for few months or so in India prior to that. The place where i lived for 1 year goes close to 10 years back and have no contacts there to get any certificates.

Why these guys need last residence of one year out side of United States in G-325 form? So for my friend who lived in Australia for oct 05 - nov 07 and then 4 months in India before coming to US he should provide Australia address I believe? Are they going ask him to obtain police Clarence report from Australia? ( He is going to ask his lawyer but that will be on Monday so thought of asking here quickly. Will remove post soon.)

[suninphx]

Question about birth certificate affidavit:

What value stamp paper to be used (is Rs100/- good enough)?
Does this needs to be registered? or just notarized (through a lawyer )?

Thanks.

[mesan123]

I am in same situation, My Birth certificate has my town as my birthplace. where as my passport has the district name as birthplace. i tried to change it when i had to renew my passport but the indian embassy in NY told me they need Court order. when i contacted my lawyer he asked me whether my district name is there in BC, i informed like it is as town,district,state, and country. he informed me that should be fine...but in few forms i see that is problem....i dont know how to resolve it... i have time with me as my priority date is 2011. so wanted to know my options :)


Nope, I didn't initiate the process of getting court order. This is the last note that I got from my Paralegal on this:


So, we are submitting my wife's birth-certificate with the Place of Birth inconsistency. They did ask me to get the spelling mistake on her BC fixed which we got done. They were not too worried about the Place of Birth inconsistency. And, I'm going with my lawyers suggestion.

[self.coach]

For i485 filing, do we need to provide notarized documents?

[veni001]

For i485 filing, do we need to provide notarized documents?

Nope, just copies is fine.

[vizcard]

For i485 filing, do we need to provide notarized documents?


Nope, just copies is fine.

Caveat being affidavits from India (if applicable). I had them notarized by a lawyer there with my parents signatures.

[medatom]

I posted this in the I485 related forum however didn't get any response. Mods please move this if necessary. Thanks for any help.
Greetings and congratulation to all who have become current also wish others good luck.
I have become current now (11/18/09). I was born at home so no birth certificates. My mother always used two different names for herself. So when i applied for passport i have name A listed as mother's name. However, i asked my father to get a birth certificate for me, when inquired, the municipal will only issue a birth certificate with name B as it's listed in the ration card right now.
What should i do?. Get a birth certificate with name B listed as mother and get an affidavit from my parents as well.
Thanks a lot.

[suninphx]

Caveat being affidavits from India (if applicable). I had them notarized by a lawyer there with my parents signatures.

What bond paper was used? was it Rs100 or more?

[tendlya]

For Birth Certificate Affidavits what bond paper to use? Rs 20? Rs 100?

[GCKnowHow]

For Birth Certificate Affidavits what bond paper to use? Rs 20? Rs 100?


What bond paper was used? was it Rs100 or more?

Per my attorney value of stamp paper doesn't matter any value is okay. Just get it notarized (Attested).

[Kanmani]

Yes, the value of stamp paper doesn't matter.

I gathered information and found that most commonly used among BC affidavit is Rs.20 . People have taken affidavits in lesser value stamp papers too.

see this link( Thanks Nishant) http://www.jackson-hertogs.com/jh/memos/69000.pdf

[vizcard]

FWIW, I used Rs 100. But I don't think it matters.

[kolugc]

Yes, as long as he/she is USCIS certified physician.

You need original passport for medicals.

May be it depends on the Dr you choose, for me it was the same case. My wife's passport was at Indian Consulate in NY for renewal when we did medical. And we only needed photo ID which can be Driver's license or passport. So for my wife we used her driver's license. And for me, even though I had passport, I used my drivers license. Only for my daughter we used passport as she did not had her driver's license.

[codesmith]

For Birth Certificate Affidavits what bond paper to use? Rs 20? Rs 100?

Tendly,

For affidavits - Use Rs 100 Stamp paper and get affdvt notarized. The second or next papers may be white or bond.. it doesn't matter.

[suninphx]

Thanks Kanmani , Vizcard.

Reading some thereads on trackitt - people are planning to take immunizations at Walgreens. Is that OK? (Should be fine I guess but just checking). And it seems if we take those at civil surgons office insurence wont cover those? Is that true?

Note: Moderators please move this post to appropriate thread. My Apologies.

[Pundit Arjun]

Suninphx,

Very True. Insurance wont cover the vaccinations for immigration purposes. However, talk to your PCP and if he/she advises you to take the shot, then get it done at his/her office. Then its 100% covered since they come under preventive care.

You can take at Walgreens but when I compared, they were expensive than county health center but not as high as the civil surgeon fee.

Hope this helps.


Thanks Kanmani , Vizcard.

Reading some thereads on trackitt - people are planning to take immunizations at Walgreens. Is that OK? (Should be fine I guess but just checking). And it seems if we take those at civil surgons office insurence wont cover those? Is that true?

Note: Moderators please move this post to appropriate thread. My Apologies.

[evoori]

For Birth Certificate Affidavits what bond paper to use? Rs 20? Rs 100?

The value of Stamp paper depends upon which city (State) you get it notarized.. For eg, when I was in India, the stamp duty (Paper) required for general POA was Rs 10 in my small state (CG) but the same was Rs 150 for Mumbai.. The state government decides how much they want to rip you.. That is why you see different value of stamp paper for same document.. You can always use higher value stamp paper if you want..

For USCIS, it doesn't matter as in US notaries are done on plain paper (i.e. no stamp paper.. it is more of British funda)..

[leo07]

Ask your father to "get" a birth certificate for you from muncipal office with your mom's name as 'A'. Your father will know how to "get" one.

I am extremely sorry for hijacking the thread. But this one keeps me awake at night.
I was born at home so no birth certificates. My mother always used two different names for herself. So when i applied for passport i have name A listed as mother's name. However, i asked my father to get a birth certificate for me, when inquired, the municipal will only issue a birth certificate with name B as it's listed in the ration card right now.
What should i do?. Get a birth certificate with name B listed as mother and get an affidavit from my parents as well.
Thanks a lot.

[GhostWriter]

Sure. I am submitting affidavits from parents in place of birth certificate. Do i need to send the original affidavit or a copy of the affidavit to lawyer. In general he has asked for copies but i was confused about the affidavit. Thanks for your help.


Can you please ask the question again with context? I'm sorry, I could not understand what this is for.

[leo07]

ok. Thanks for clarifying. Notarized copies will suffice.

Sure. I am submitting affidavits from parents in place of birth certificate. Do i need to send the original affidavit or a copy of the affidavit to lawyer. In general he has asked for copies but i was confused about the affidavit. Thanks for your help.

[GhostWriter]

Thanks Kanmani, leo7.


Ghostwriter
I learnt that it is the original affidavits . Lets get answers from majority.


ok. Thanks for clarifying. Notarized copies will suffice.

[Kanmani]

medatom

Dont confuse the USCIS with two different names . Its your mistake too by entering a different name in your passport other than what is in the Indian official records like Ration card as name B. So now the option is to use name A or name B. If your mom has everything else recorded in the name as B , then dont change the identification of your mom for your own mistake. Try to correct the mother's name in your passport at Indian embassy/consulate, explaining that you have entered her maiden name .


This is just my thought .

Note: Dont take it as a legal advice. consult an attorney .


I am extremely sorry for hijacking the thread. But this one keeps me awake at night.
I was born at home so no birth certificates. My mother always used two different names for herself. So when i applied for passport i have name A listed as mother's name. However, i asked my father to get a birth certificate for me, when inquired, the municipal will only issue a birth certificate with name B as it's listed in the ration card right now.
What should i do?. Get a birth certificate with name B listed as mother and get an affidavit from my parents as well.
Thanks a lot.

[vizcard]

Sure. I am submitting affidavits from parents in place of birth certificate. Do i need to send the original affidavit or a copy of the affidavit to lawyer. In general he has asked for copies but i was confused about the affidavit. Thanks for your help.


Ghostwriter
I learnt that it is the original affidavits . Lets get answers from majority.

Fragomen told me copies were fine for affidavits.

[dexter2010]

Hi Guys,

Im a long time lurker and a first time poster. Congratulations to all who have become current.y


ok. Thanks for clarifying. Notarized copies will suffice.

I had spoken to my lawyers (Rajuv Khanna) earlier about this and they insisted that the rules had changed and we no longer need to provide notarized copies for BC or Marriage certificate. A self attested certificate will do just fine.

Has anyone heard of any instances where USCIS insisted on a notarized copy?

[nishant2200]

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=ff053d146a7ee010VgnVCM1000000ecd190aRCRD

Read:

"
USCIS no longer routinely requires submission of original documents or "certified copies." Instead, ordinary legible photocopies of such documents (including naturalization certificates and alien registration cards) will be acceptable for initial filing and approval of petitions and applications."


Hi Guys,

Im a long time lurker and a first time poster. Congratulations to all who have become current.y



I had spoken to my lawyers (Rajuv Khanna) earlier about this and they insisted that the rules had changed and we no longer need to provide notarized copies for BC or Marriage certificate. A self attested certificate will do just fine.

Has anyone heard of any instances where USCIS insisted on a notarized copy?

[dexter2010]

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=ff053d146a7ee010VgnVCM1000000ecd190aRCRD

Read:

"
USCIS no longer routinely requires submission of original documents or "certified copies." Instead, ordinary legible photocopies of such documents (including naturalization certificates and alien registration cards) will be acceptable for initial filing and approval of petitions and applications."

Thank you for the quick response Nishant.

[leo07]

Thanks for sharing. This is news to me, I did not hear the same from my attorney though.

Hi Guys,

Im a long time lurker and a first time poster. Congratulations to all who have become current.y



I had spoken to my lawyers (Rajuv Khanna) earlier about this and they insisted that the rules had changed and we no longer need to provide notarized copies for BC or Marriage certificate. A self attested certificate will do just fine.

Has anyone heard of any instances where USCIS insisted on a notarized copy?

[rushforgc]

I have DOB conflicts, All my records, including Passport, School certificate have 01/23/1979 but my Birth Certificate has 01/24/1979.
Date provided in the Birth Certificate 01/24/1979 is the correct one. What are my options ? How do I fix this issue ? Did anybody come same issue ?


-rushforgc

[dexter2010]

I have DOB conflicts, All my records, including Passport, School certificate have 01/23/1979 but my Birth Certificate has 01/24/1979.
Date provided in the Birth Certificate 01/24/1979 is the correct one. What are my options ? How do I fix this issue ? Did anybody come same issue ?


-rushforgc

You are probably better off getting your birth certificate changed to reflect the dates in other documents. Alternatively, you can get an affidavit from your parents stating that your birth date is 01/23/1979 and you were born in xxxx place. You should definitely consult with your lawyer as well as he may be able to suggest an alternative.

[GhostWriter]

I have a question. I have sent affidavits from parents in place of birth certificate to the lawyer. He is preparing AOS forms. I have also applied for birth certificate a month ago and i might get it in a week or so. Do any of the AOS/EAD forms have a field to mention the proof for birth certificate or is it just a supporting document. My concern is that if i get my birth certificate, can i send it to my lawyer to include it with my application or will he have to re-do the form preparation.

[peterpan]

Folks - Sorry for the off-topic post. I will remove the post and the replies to the appropriate thread in a day. I am a Feb current (PD: Aug-2009) and I have two urgent questions:

1. I am in a pickle about Birth Certificate thing. I have Affidavits from parents and I also have school records however, getting either a delayed registration BC or a Non-Availability Certificate is proving to be a hassle. I am from a corruption-rich state and my parents are quite elderly and it is proving very difficult for them to get anything from the Municipality. Is it possible at all to file for 485 without a document from Municipality?

2. I need EAD urgently since my dependent needs to shift jobs in Mar-April timeframe. Would it be advisable to file 485 asap even if the documentation is not fully complete (e.g. the BC issue above) and let it go to RFE? Would any resulting RFE affect the timeline for us to get an EAD??

Thanks for your replies. There is just a week for me to file and I am freaking out a little.

I registered just to answer your question. I know the pain dealing with BABUS in India when you are in a foreign country and your parents are old. Please use YOURMANININDIA DOT COM. It will cost you some money and time but they will get the non-availability certificate to you quickly.

[gcoracle]

Folks - Sorry for the off-topic post. I will remove the post and the replies to the appropriate thread in a day. I am a Feb current (PD: Aug-2009) and I have two urgent questions:

1. I am in a pickle about Birth Certificate thing. I have Affidavits from parents and I also have school records however, getting either a delayed registration BC or a Non-Availability Certificate is proving to be a hassle. I am from a corruption-rich state and my parents are quite elderly and it is proving very difficult for them to get anything from the Municipality. Is it possible at all to file for 485 without a document from Municipality?

2. I need EAD urgently since my dependent needs to shift jobs in Mar-April timeframe. Would it be advisable to file 485 asap even if the documentation is not fully complete (e.g. the BC issue above) and let it go to RFE? Would any resulting RFE affect the timeline for us to get an EAD??

Thanks for your replies. There is just a week for me to file and I am freaking out a little.

I used Allied legal for NABC. They charged a premium (about $400 - they send lawyers not middle man and hence the premium) but I got NABC in 10 days. In fact the Govt. fee for NABC is only Rs.15 but to deal with the BABUS is a nightmare well to be avoided by mere mortals like our parents, friends or relatives.

[longgcque]

Imdeng, a NABC is MUST to go alongwith affidavits to justify that a record does not exist and so here are affidavits that prove birth details. So please get NABC by any means. I totally understand what you mentioned specially with old aged parents it is difficult to make chakkars of babus/offices.
here is a link from Ron that talks about how to deal with BC docs . http://imminfo.com/News/Newsletter/2010-03/dealing-with-unavailable-documents.html

i got a NABC for my wife and got my BC corrected from local municipal ofc. good luck bro'



Folks - Sorry for the off-topic post. I will remove the post and the replies to the appropriate thread in a day. I am a Feb current (PD: Aug-2009) and I have two urgent questions:

1. I am in a pickle about Birth Certificate thing. I have Affidavits from parents and I also have school records however, getting either a delayed registration BC or a Non-Availability Certificate is proving to be a hassle. I am from a corruption-rich state and my parents are quite elderly and it is proving very difficult for them to get anything from the Municipality. Is it possible at all to file for 485 without a document from Municipality?

2. I need EAD urgently since my dependent needs to shift jobs in Mar-April timeframe. Would it be advisable to file 485 asap even if the documentation is not fully complete (e.g. the BC issue above) and let it go to RFE? Would any resulting RFE affect the timeline for us to get an EAD??

Thanks for your replies. There is just a week for me to file and I am freaking out a little.

[gchopeful123]

Great Info !!! India is really advancing (atleast the services around the BABUS). The BABUS/Politicians will never change...


I used Allied legal for NABC. They charged a premium (about $400 - they send lawyers not middle man and hence the premium) but I got NABC in 10 days. In fact the Govt. fee for NABC is only Rs.15 but to deal with the BABUS is a nightmare well to be avoided by mere mortals like our parents, friends or relatives.

[mesan123]

can you please let me know the channel you tried...i am ok with shedding that extra dollars if my work will be done....as i am in same situation


I used Allied legal for NABC. They charged a premium (about $400 - they send lawyers not middle man and hence the premium) but I got NABC in 10 days. In fact the Govt. fee for NABC is only Rs.15 but to deal with the BABUS is a nightmare well to be avoided by mere mortals like our parents, friends or relatives.

[dexter2010]

Imdeng, a NABC is MUST to go alongwith affidavits to justify that a record does not exist and so here are affidavits that prove birth details. So please get NABC by any means. I totally understand what you mentioned specially with old aged parents it is difficult to make chakkars of babus/offices.
here is a link from Ron that talks about how to deal with BC docs . http://imminfo.com/News/Newsletter/2010-03/dealing-with-unavailable-documents.html

i got a NABC for my wife and got my BC corrected from local municipal ofc. good luck bro'

While Im not yet current (Dec 28th 2010), Im in the process of preparing my docs in case OP shows 2010 PDs folks some love. My situation with BC is slightly different, as many you know, in India, many a times, the initials are not expanded, so is my case. In fact even my parents name do not have the initials expanded and in my mothers name only her first name is recorded. I have the birth certificate with my last name shown as initials and i got an affidavit from my parentsusing my full name (as in passport) along with their full names (as in their passport)., Will this suffice the need or should I get some other documents. My Affidavits are not notarized and only self attested as informed to me by some other users in the community.

[randomax]

Apologies if this has already been addressed but I was going through my birth certificate and realized that my parents last names are missing on it. My full name is present though. Will I need to provide some supplemental information on this front or is it considered acceptable? Thanks.

[gkjppp]

My wife's name was not included in her birth certificate, though Gender/date of Birth/Place of Birth/Father's Name / Mother's Name were included. Name place left with --------. affidavit's are fine along with this? Does anyone has similar issue?

[Pundit Arjun]

gkjppp : This should be a very common issue, due to the fact that in India, they usually dont name the child atleast till 2-3 months after birth. I believe affidavit should be fine. But I would say, if possible, apply for the BC again and have the name added to the certificate. This way you can be at peace. If its not possible, talk to your attorney for clear directions.

My wife's name was not included in her birth certificate, though Gender/date of Birth/Place of Birth/Father's Name / Mother's Name were included. Name place left with --------. affidavit's are fine along with this? Does anyone has similar issue?

[aditya]

My Priority date is 2/11.

I was not prepared or thought that dates will be current or close to current this soon. Looking at the pace date aere moving I might become current in couple of months.

Now I am thinking of getting ready with the documents.
Like most of the guys I too do not have with Birth Certificate and my original dates of birth and official ( dates of birth in school records and passport) are different.

My Parent are with me now in US.

Gurus,

1) I am thinking notorize/affidavit the birth certificate here in US as my parent are with 2) me and they will here for couple of more months.
3) Will get the 2 Relatives Affadavit from India
4) Is Non Availabilty certificate must to support Affadavit

Thanks in Advance.

Aditya

[desiman]

does anyone know how to handle birth place mismatch.

I have birth certificate, but it says local body: <xxxx> - Dhule, tasil/block: Dhule, district: Dhule.

<xxxx> some suburb in Dhule.

216

Whereas passport says only Dhule.

I have sent message to the lawyer, but looks like they are already overloaded with work. It would be really helpful if in meantime anyone can answer this.

[gkjppp]

My Priority date is 2/11.

I was not prepared or thought that dates will be current or close to current this soon. Looking at the pace date aere moving I might become current in couple of months.

Now I am thinking of getting ready with the documents.
Like most of the guys I too do not have with Birth Certificate and my original dates of birth and official ( dates of birth in school records and passport) are different.

My Parent are with me now in US.

Gurus,

1) I am thinking notorize/affidavit the birth certificate here in US as my parent are with 2) me and they will here for couple of more months.
3) Will get the 2 Relatives Affadavit from India
4) Is Non Availabilty certificate must to support Affadavit

Thanks in Advance.

Aditya

1.they can do while they are in US
3.fine
4.Yes, in absence of Birth Certificate/ USCIS expects Non Availability Certificate from your local municipality / etc.

seems like guru's are busy most happening with EB2 forum, they will definetely answer your questions.

[gkjppp]

Sorry, i posted this yesterday under BirthCertificates forum, not received much response.please move it, after it is answered.

My wife's name was not included in her birth certificate, though Gender/date of Birth/Place of Birth/Father's Name / Mother's Name were included. Name place left with --------. affidavit's are fine along with this? Does anyone has similar issue? My inlaws are visiting this month end, is it OK to make affidavit while they are here in US/ or i need to make it one from India?

[nishant2200]

affidavit is to be put alongwith the BC. The affidavit should mention it is being submitted because the name is not present. and it's ok to get it done when in law are here. You can prepare it on ordinary paper and get it signed in front of notary, who will also sign and stamp it.


Sorry, i posted this yesterday under BirthCertificates forum, not received much response.please move it, after it is answered.

My wife's name was not included in her birth certificate, though Gender/date of Birth/Place of Birth/Father's Name / Mother's Name were included. Name place left with --------. affidavit's are fine along with this? Does anyone has similar issue? My inlaws are visiting this month end, is it OK to make affidavit while they are here/ or i need to make it one from India?

[gkjppp]

affidavit is to be put alongwith the BC. The affidavit should mention it is being submitted because the name is not present. and it's ok to get it done when in law are here. You can prepare it on ordinary paper and get it signed in front of notary, who will also sign and stamp it.

Great, Thanks Nishant.

[Pundit Arjun]

desiman,

This should be fine (as long as <xxxx> suburb is not striked out in the BC), since Dhule is also mentioned in the passport and in the birth certificate.
Yup, you are right - The attorney's are overloaded and overjoyed [with sudden surge in the income :)]
Anyways, wait for the attorney's response. Please update in the forum, the attorney's response.


does anyone know how to handle birth place mismatch.

I have birth certificate, but it says local body: <xxxx> - Dhule, tasil/block: Dhule, district: Dhule.

<xxxx> some suburb in Dhule.

216

Whereas passport says only Dhule.

I have sent message to the lawyer, but looks like they are already overloaded with work. It would be really helpful if in meantime anyone can answer this.

[harapatta]

Team,

just got my birth certificate form India and as i was not registered by municipality my dad registered me and got an official birth certificate from gov. of Maharashtra, my question is if the birth is registered now is it going to be any problem ?

thanks in advance for your kind response.

[Pundit Arjun]

harapatta,

The CFR 103.2 (http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11185/0-0-0-11549/0-0-0-11565.html) doesnt have any information regarding the time of registration.
However, I VAGUELY remember reading somewhere about the registration date but am not able to locate it now.
Please, Check with your attorney and update the forum too.


Team,

just got my birth certificate form India and as i was not registered by municipality my dad registered me and got an official birth certificate from gov. of Maharashtra, my question is if the birth is registered now is it going to be any problem ?

thanks in advance for your kind response.

[harapatta]

thanks for your kind response....

i have forwarded my details to our attorney and waiting for her response...will update as i get it...

only thing i found on web(murthy.com) relevant to my issue is
"Incomplete or Late Registration of Birth Certificate
©MurthyDotCom
Other typical birth certificate issues include late-registered certificates (which must be supplemented by secondary evidence), as well as birth certificates that do not contain complete information. These incomplete certificates often omit the given name due to cultural reasons or traditions that delay the naming of a child. Secondary evidence is required to verify missing information. "...murthy.com




harapatta,

The CFR 103.2 (http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11185/0-0-0-11549/0-0-0-11565.html) doesnt have any information regarding the time of registration.
However, I VAGUELY remember reading somewhere about the registration date but am not able to locate it now.
Please, Check with your attorney and update the forum too.

[sam96_77]

I have the following question. Last year during our visit to India me and my wife approached our respective municipality to request a copy of BC. to our surprise they were able to locate our BC.

Upon reading other concern within this forum I reviewed our BC. In my case the registration date is same as birth date. However for my wife the registration date is several years after the birth. I have no clue why?

I haven't approached my attorney regarding this issue yet. However I had them review my BC before submitting to make sure that there is no issue. And they didn't red flag it either.

Would that be an issue? all feed backs are welcome.

[gc0907]

I don't know about late registration date but yes, the municipalities do keep a records.

My original BirthCert didn't had my name, just boy/parents name. Couple years back our Municipality was moving to computerized registration and asked the public to come forward and submit their hand-written old BCs and get a computerized one and in case need any updates to their records they would do that.

In about 10 days of submission of required docs they gave a computerized copy of BC(which reads Certified Copy) which has my DOB, Registration Date(1 day after my DOB) with issued date as Current date when it was actually generated by computer.


I have the following question. Last year during our visit to India me and my wife approached our respective municipality to request a copy of BC. to our surprise they were able to locate our BC.

Upon reading other concern within this forum I reviewed our BC. In my case the registration date is same as birth date. However for my wife the registration date is several years after the birth. I have no clue why?

I haven't approached my attorney regarding this issue yet. However I had them review my BC before submitting to make sure that there is no issue. And they didn't red flag it either.

Would that be an issue? all feed backs are welcome.

[desiman]

>>> regarding the additional suburb information in birth certificate

I just got an simple affidavit saying child was born in Dhule. thats what lawyers requested.

[Pundit Arjun]

>>> regarding the additional suburb information in birth certificate

I just got an simple affidavit saying child was born in Dhule. thats what lawyers requested.

Thanks for updating the forum, desiman. Goodluck :)

[harapatta]

just got confirmation from attorney that supporting affidavit are needed to avoid any RFE


thanks for your kind response....

i have forwarded my details to our attorney and waiting for her response...will update as i get it...

only thing i found on web(murthy.com) relevant to my issue is
"Incomplete or Late Registration of Birth Certificate
©MurthyDotCom
Other typical birth certificate issues include late-registered certificates (which must be supplemented by secondary evidence), as well as birth certificates that do not contain complete information. These incomplete certificates often omit the given name due to cultural reasons or traditions that delay the naming of a child. Secondary evidence is required to verify missing information. "...murthy.com

[sam96_77]

I have a quick question. Since our son is a US citizen he is not part of AOS. However when the attorney send the questionaire it did ask about the status of our Son. Were we suppose to send his Birth Certificate as well?

I downloaded a list of documents from this forum and was just reading it and got confused by the statement below.

Birth Certificates: A copy of an extract of a "Registered" birth certificate, for all applicants as well as children not applying with you, is required.

Could this be a typo?

[Pundit Arjun]

I have a quick question. Since our son is a US citizen he is not part of AOS. However when the attorney send the questionaire it did ask about the status of our Son. Were we suppose to send his Birth Certificate as well?

I downloaded a list of documents from this forum and was just reading it and got confused by the statement below.

Birth Certificates: A copy of an extract of a "Registered" birth certificate, for all applicants as well as children not applying with you, is required.

Could this be a typo?

Hi sams96_77,

I did send my US born sons BC to the attorney.
Just Send it dude - no harm :)

[sam96_77]

Well I didn't send the BC for my son. I guess I have to wait and see since my application is filed.

I didn't realize that it was required. Did your attorney request that item?

[Pundit Arjun]

Well I didn't send the BC for my son. I guess I have to wait and see since my application is filed.

I didn't realize that it was required. Did your attorney request that item?

Yup, my attorney did specifically ask for it.

[leo07]

If your son is born here and if you are not applying him as dependent on 485 he doesn't need to submit.

Well I didn't send the BC for my son. I guess I have to wait and see since my application is filed.

I didn't realize that it was required. Did your attorney request that item?

[eb2ODer]

Please point me to the response, if this is already addressed in this thread.
I have bilingual birth certificate in English & local language but with "name with initials". Both of my parent's names are also with initials. Now all our passports have expanded "full names".

- So I was thinking compensating the my "name with initials" by providing - of secondary document for birth certificate and 3 affidavits.
- Do I need to worry about parent's "name with initials" and provide any documentation?

[longgcque]

Guru's .... Need opinion from forum members on my name issue in my passport -

- My Passport has Given Name as AAAAA and Surname as BBBBB. This is exactly reverse of how my name exists in all other docs including my BC. It was a mistake either by me while filing passport form or by the babu who worked on my file.
- All my INS/CIS H1/Visa/labor/140/School docs/Univ docs/Birth Cert/Marriage Cert has Given Name/Surname as Correct.
- Only the passport has it wrong.
- Today I did FP and even there I had no issues and it went smooth.

My question to experts here is that what should i expect in coming times. Will I be given an RFE due to name mismatch (BC v/s Passport). Should I be taking some measures in anticipation of such RFE.

Has anyone else gone thru this or have known people with such scenarios.

Please comment and thanks for your time

[Pedro Gonzales]

My (relatively uninformed) opinion is that you are unlikely to get an RFE because the primary documents all have your name the way it is in most documents. Still, there can be no guarantees. With RFEs for flu shots these days, anything can flag one.

The bigger issue that I don't understand is how you managed to survive thus far with an incorrect name on your passport. How does your Visa have a different name? Surely the US Consulate would have questioned why the name on your visa form is different from that on your passport. Same with your SSN, driver's license and other docs that require you to show your passport. One thing you may want to do after you get your GC (so that you no longer need the visas stamped on your passport) is to get your passport corrected. They will give you bambu about not getting it corrected earlier (well deserved, in my opinion), but ultimately, with all the other documents at hand, you should prevail.

[nishant2200]

My (relatively uninformed) opinion is that you are unlikely to get an RFE because the primary documents all have your name the way it is in most documents. Still, there can be no guarantees. With RFEs for flu shots these days, anything can flag one.

The bigger issue that I don't understand is how you managed to survive thus far with an incorrect name on your passport. How does your Visa have a different name? Surely the US Consulate would have questioned why the name on your visa form is different from that on your passport. Same with your SSN, driver's license and other docs that require you to show your passport. One thing you may want to do after you get your GC (so that you no longer need the visas stamped on your passport) is to get your passport corrected. They will give you bambu about not getting it corrected earlier (well deserved, in my opinion), but ultimately, with all the other documents at hand, you should prevail.

man I wouldn't mind partying with this guy Pedro...

[gc0907]

Are you sure? It's unbelievable that everyone in all US departments overlooked this? I can understand desi govt. officers but US and that too for immigrants?


Guru's .... Need opinion from forum members on my name issue in my passport -

- My Passport has Given Name as AAAAA and Surname as BBBBB. This is exactly reverse of how my name exists in all other docs including my BC. It was a mistake either by me while filing passport form or by the babu who worked on my file.
- All my INS/CIS H1/Visa/labor/140/School docs/Univ docs/Birth Cert/Marriage Cert has Given Name/Surname as Correct.
- Only the passport has it wrong.
- Today I did FP and even there I had no issues and it went smooth.

My question to experts here is that what should i expect in coming times. Will I be given an RFE due to name mismatch (BC v/s Passport). Should I be taking some measures in anticipation of such RFE.

Has anyone else gone thru this or have known people with such scenarios.

Please comment and thanks for your time

Yes, like you and me, the officers can question as well that why wasn't it reported for all these years.

My (relatively uninformed) opinion is that you are unlikely to get an RFE because the primary documents all have your name the way it is in most documents. Still, there can be no guarantees. With RFEs for flu shots these days, anything can flag one.

The bigger issue that I don't understand is how you managed to survive thus far with an incorrect name on your passport. How does your Visa have a different name? Surely the US Consulate would have questioned why the name on your visa form is different from that on your passport. Same with your SSN, driver's license and other docs that require you to show your passport. One thing you may want to do after you get your GC (so that you no longer need the visas stamped on your passport) is to get your passport corrected. They will give you bambu about not getting it corrected earlier (well deserved, in my opinion), but ultimately, with all the other documents at hand, you should prevail.

[longgcque]

GC0907/Nishant/Pedro .. I understand you all taking a dig at me and my scenario .. but with everything working OK so far, I never had a need and time to get it fixed. But with 485/name check etc .. I am feeling puzzled on potential issues i may run into.

Any advice on corrective path would be appreciated. What steps to follow ..


Are you sure? It's unbelievable that everyone in all US departments overlooked this? I can understand desi govt. officers but US and that too for immigrants?



Yes, like you and me, the officers can question as well that why wasn't it reported for all these years.

[gc0907]

You might want to check with your respective Indian Consulate website.
For Consulate in SFO here is their regular procedure: Change of Name & Other Cases (http://www.cgisf.org/contents/view/43)
You can contact them directly via email with your specific scenario and see what they have to say on this or if you are close-by and can go in-person.

Edit: Change of Name: By Splitting Name (http://www.cgisf.org/contents/view/88)
Not sure what they have this one for as in both cases they tell to select - Re-issue of Passport.

GC0907/Nishant/Pedro .. I understand you all taking a dig at me and my scenario .. but with everything working OK so far, I never had a need and time to get it fixed. But with 485/name check etc .. I am feeling puzzled on potential issues i may run into.

Any advice on corrective path would be appreciated. What steps to follow ..

[longgcque]

Thanks gc0907. I came across some cases who have done this. Any idea, how many days we normally get for RFE response to be sent back in such cases.


You might want to check with your respective Indian Consulate website.
For Consulate in SFO here is their regular procedure: Change of Name & Other Cases (http://www.cgisf.org/contents/view/43)
You can contact them directly via email with your specific scenario and see what they have to say on this or if you are close-by and can go in-person.

Edit: Change of Name: By Splitting Name (http://www.cgisf.org/contents/view/88)
Not sure what they have this one for as in both cases they tell to select - Re-issue of Passport.

[gc0907]

I have seen people reporting it 84 days. So same should apply to you.
I think they will have standard RFE response time and not case-by-case basis.

Thanks gc0907. I came across some cases who have done this. Any idea, how many days we normally get for RFE response to be sent back in such cases.

[nishant2200]

GC0907/Nishant/Pedro .. I understand you all taking a dig at me and my scenario .. but with everything working OK so far, I never had a need and time to get it fixed. But with 485/name check etc .. I am feeling puzzled on potential issues i may run into.

Any advice on corrective path would be appreciated. What steps to follow ..

hey man really sorry. I was just joking with Pedro. in no way taking a dig at you. Let me look at your original post and see your situation. I again apologize if you felt it that way.

[nishant2200]

Guru's .... Need opinion from forum members on my name issue in my passport -

- My Passport has Given Name as AAAAA and Surname as BBBBB. This is exactly reverse of how my name exists in all other docs including my BC. It was a mistake either by me while filing passport form or by the babu who worked on my file.
- All my INS/CIS H1/Visa/labor/140/School docs/Univ docs/Birth Cert/Marriage Cert has Given Name/Surname as Correct.
- Only the passport has it wrong.
- Today I did FP and even there I had no issues and it went smooth.

My question to experts here is that what should i expect in coming times. Will I be given an RFE due to name mismatch (BC v/s Passport). Should I be taking some measures in anticipation of such RFE.

Has anyone else gone thru this or have known people with such scenarios.

Please comment and thanks for your time

Ok , simple thing to do is get your passport corrected by indian consulate. Show them your birthcertificate and other documents like school, college, etc with correct name, and in case RFE comes up, you can then show that you have taken corrective action and got passport re-issued.

Of course a lawyer can advise best.

[Pedro Gonzales]

man I wouldn't mind partying with this guy Pedro...

Anytime, Nishant. I spend most of my time these days in Phoenix, so just get in your car and drive. Alcohol, food and sexy-time will be supplied.


GC0907/Nishant/Pedro .. I understand you all taking a dig at me and my scenario .. but with everything working OK so far, I never had a need and time to get it fixed. But with 485/name check etc .. I am feeling puzzled on potential issues i may run into.

Any advice on corrective path would be appreciated. What steps to follow ..

No dig intended. Well, maybe a slight poke. But, in all seriousness, I don't think you are at risk of an RFE. The passport's biography pages (which is where your name is incorrect) is not amongst the primary documents in my experience. Since your BC is fine, you should not receive an RFE. I think Nishant's and gc0907's advice on getting the new passport in the meantime is good, but my only concern is that the old passport probably has your H1B stamped on it and if so, if you need to travel before your green card or AP come through, you will have to carry around 2 passports (and that may open you up for additional scrutiny at the Point of Entry's immigration officer). At a minimum talk to your consulate (if possible visit them directly if you can, on a Wednesday for the least crowd) to find out what would be required to get a corrected passport and how long it would take. I received my last passport in 3 days but a friend's took over a year (because they didn't get any responses to a query sent to the Passport offices in Bihar, where she was born).

Now, one more poke: I really am curious to know. a) Where did you get the passport issued? b) Does it have a U.S. visa stamped on it? c) If yes to 'b', then how the hell?, d) Did you not have to show your passport when you got your SSN and DL? e) If no to 'd' how the hell?

[longgcque]

Pedro .. u r a good poker it seems. Do u play with needles ? I was in PHX(chandler and tempe to be specific) for almost 3 yrs till 2008 .. would have loved to poke in person with u guys ..Anyway here are some details.
- H1 stamped twice, both times in mumbai.
- 1 new H1, 1 Xfer, 2 Extns.
- No questions on passport asked in all H1 filings or POE or Visa stampings.
- Passport issued at Bhopal as I am from MP
- DL/SSN ... everything has correct name. Only the passport has exact reverse entry.
- Visa stamp expired since 2008 and I have not travelled back since then.

No more poking buddy ... as Nishant/You/GC0907 said .. am doing prep work on the corrections before RFE stress comes. Lot to explore on paper work involved .. if anyone comes across step by step guidance then please post it.


Anytime, Nishant. I spend most of my time these days in Phoenix, so just get in your car and drive. Alcohol, food and sexy-time will be supplied.



No dig intended. Well, maybe a slight poke. But, in all seriousness, I don't think you are at risk of an RFE. The passport's biography pages (which is where your name is incorrect) is not amongst the primary documents in my experience. Since your BC is fine, you should not receive an RFE. I think Nishant's and gc0907's advice on getting the new passport in the meantime is good, but my only concern is that the old passport probably has your H1B stamped on it and if so, if you need to travel before your green card or AP come through, you will have to carry around 2 passports (and that may open you up for additional scrutiny at the Point of Entry's immigration officer). At a minimum talk to your consulate (if possible visit them directly if you can, on a Wednesday for the least crowd) to find out what would be required to get a corrected passport and how long it would take. I received my last passport in 3 days but a friend's took over a year (because they didn't get any responses to a query sent to the Passport offices in Bihar, where she was born).

Now, one more poke: I really am curious to know. a) Where did you get the passport issued? b) Does it have a U.S. visa stamped on it? c) If yes to 'b', then how the hell?, d) Did you not have to show your passport when you got your SSN and DL? e) If no to 'd' how the hell?

[gc0907]

I recently applied for renewal (not re-issue) which is still in process and haven't heard anything so far from them.
I have documented a bit about it here: Passport Renewal at Indian Consulate in SFO (http://desiways.wordpress.com/2012/01/26/passport-renewal-at-indian-consulate-in-san-francisco/)
Hope that helps.


.....Lot to explore on paper work involved .. if anyone comes across step by step guidance then please post it.

[harapatta]

I am in the process of filing my paperwork in first week of March; as usual I have to get affidavits from my parents for BC. When I asked my attorney do we need to submit original she specifically said NO and said just copies will be fine. Any comments or advice will lower my anxiety...Thanks.

[longgcque]

Only copies are needed and that is what i submitted for my wife, a NABC and two affidavits from parents plus her school records. I do not have an official ref to confirm what i am saying here but thats what my company paralegal folks told me.


I am in the process of filing my paperwork in first week of March; as usual I have to get affidavits from my parents for BC. When I asked my attorney do we need to submit original she specifically said NO and said just copies will be fine. Any comments or advice will lower my anxiety...Thanks.

[harapatta]

Thanks for your clarification....its really helped me to calm down.

[Mavrick]

Is there any standard format that is available to get the Birth Affidavit from parents and relatives or USCIS will accept any format?

[gc0907]

There isn't any standard format needed by USCIS. You can find several samples on the net...use whichever best fits or you can create your own.


Is there any standard format that is available to get the Birth Affidavit from parents and relatives or USCIS will accept any format?

[bvsamrat]

But please check

1) If parents are allowed or not
2) Also take from uncles or family relatives
3) Be sure to include their dates of birth and their full names and addresses


There isn't any standard format needed by USCIS. You can find several samples on the net...use whichever best fits or you can create your own.

[qesehmk]

Parents are just fine. Any format is fine as long as all information elements are there. I personally only used stamp paper from India on which spouse's parents wrote a letter and got certified from notary. That worked.


But please check

1) If parents are allowed or not
2) Also take from uncles or family relatives
3) Be sure to include their dates of birth and their full names and addresses

[harapatta]

Gurus need some advice:( sorry to post my query in this discussion ,will remove the posting once discussed)
Got RFE on our I-485 for me and my wife related to BC
I have submitted two affidavits from parents and newly registered birth certificates, for my wife we submitted certificate from local municipal office that her birth is not is in the records and supporting two affidavits from her mom and elder sister.
Now we are confused what documents to submit, please any advice will be helpful.
(The RFE says evidence from early years)
Please help.

[03May07]

Gurus need some advice:( sorry to post my query in this discussion ,will remove the posting once discussed)
Got RFE on our I-485 for me and my wife related to BC
I have submitted two affidavits from parents and newly registered birth certificates, for my wife we submitted certificate from local municipal office that her birth is not is in the records and supporting two affidavits from her mom and elder sister.
Now we are confused what documents to submit, please any advice will be helpful.
(The RFE says evidence from early years)
Please help.

May be information here will help : http://www.qesehmk.org/forums/forumdisplay.php?44-Birth-Certificate

Mostly everyone was resubmitting the BC docs again.

[venkat]

Hi,

This is what I did proactively (at the time of 485 filing in January). My wife had the issue with delayed registration of birth and this was the popular suggestion in this forum.

* 2 affidavits (my father in law and mother in law)
* delayed registered birth certificate

Note: - I didn't submit any non-availability certificate at that time

All the best....btw, what is your priority date and when did you file your 485?




Gurus need some advice:( sorry to post my query in this discussion ,will remove the posting once discussed)
Got RFE on our I-485 for me and my wife related to BC
I have submitted two affidavits from parents and newly registered birth certificates, for my wife we submitted certificate from local municipal office that her birth is not is in the records and supporting two affidavits from her mom and elder sister.
Now we are confused what documents to submit, please any advice will be helpful.
(The RFE says evidence from early years)
Please help.

[harapatta]

i filed my I-485 in march and my priority date is April 2010. ...still fail to understand what are the true requirements for BC.

[imdeng]

Hello Folks,

This post is not about Calculations/Analysis. I need some urgent help/feedback so am posting it in the most visible part of the forum. I will remove this post and the replies to the appropriate thread in a couple days. Apologies in advance for cluttering the forum.

In preparation for my PD getting current, I have been trying to get a BC from India. I asked one of the agencies who do concierge service and they did get a BC out of the Municipality office. However, there is a problem. Currently my 485 has an address of birth for me (Vill - A, Dist B). Since my parents currently live at a different address, the municipality has written my address of birth as (House No - C, Dist B) - which happens to be the current address of parents. The district is same, but the address details are different. My 485 has affidavits from parents with the first address. I am sure to get an RFE for BC - and I am not sure what will happen if I respond with this BC that has a different address as address of birth than all the other submitted information.

How much trouble am I in? I was born in one of most backward and corrupt parts of the country - so I am not at all confident that I will be able to get this right. What are my options? Please help and share your thoughts. Thanks.

[sreddy]

Hello Folks,

This post is not about Calculations/Analysis. I need some urgent help/feedback so am posting it in the most visible part of the forum. I will remove this post and the replies to the appropriate thread in a couple days. Apologies in advance for cluttering the forum.

In preparation for my PD getting current, I have been trying to get a BC from India. I asked one of the agencies who do concierge service and they did get a BC out of the Municipality office. However, there is a problem. Currently my 485 has an address of birth for me (Vill - A, Dist B). Since my parents currently live at a different address, the municipality has written my address of birth as (House No - C, Dist B) - which happens to be the current address of parents. The district is same, but the address details are different. My 485 has affidavits from parents with the first address. I am sure to get an RFE for BC - and I am not sure what will happen if I respond with this BC that has a different address as address of birth than all the other submitted information.

How much trouble am I in? I was born in one of most backward and corrupt parts of the country - so I am not at all confident that I will be able to get this right. What are my options? Please help and share your thoughts. Thanks.

Imdeng,

Unless your parents registered your birth back then, registering birth now, and getting BC will not have any value add to your case (BC has two dates, Birth Registered date, and BC issue date). I took that pain registering, paying penalties, etc. Finally law firm said no to that BC, and asked me to provide affidavit from my parents, and two or three other proofs from India that are old and Govt./Educational institution issued. I used my 10th grade marks card (it has my Date of birth, and my name, and my father's name in right spelling), and PAN card issued by Indian TAX office. Key here is that you produce two to three old evidences that has your name, and your fathers' name in right spelling, and correct date of birth according to your passport. Based on my experience, if you can get those, you will not need BC anymore.

[longgcque]

Imdeng, I had somewhat similar issues to yours and after a lot of research and references from Ron's blogs, came to a conclusion that getting correct BC with names/dates etc is of no value if birth registered date is not within 1 year of actual birth(or may be 2 yrs). Instead, I got Non availability of birth certificate from local municipality, affidavits from parents, school records etc to prove BC. No rfe's so far on BC.

Now, I have recd 2nd rfe for EVL and 693.


Imdeng,

Unless your parents registered your birth back then, registering birth now, and getting BC will not have any value add to your case (BC has two dates, Birth Registered date, and BC issue date). I took that pain registering, paying penalties, etc. Finally law firm said no to that BC, and asked me to provide affidavit from my parents, and two or three other proofs from India that are old and Govt./Educational institution issued. I used my 10th grade marks card (it has my Date of birth, and my name, and my father's name in right spelling), and PAN card issued by Indian TAX office. Key here is that you produce two to three old evidences that has your name, and your fathers' name in right spelling, and correct date of birth according to your passport. Based on my experience, iff you can get those, you will not need BC anymore.

[Kanmani]

Imdeng, I agree with sreddy. Birth Certificate affidavits are more than enough. Why do you think you may receive another BC related RFE ?

[imdeng]

Thanks sreddy for the response. I do have currently several secondary evidence (school leaving cert etc) and affidavit from parents submitted. My impression is that one needs either a BC or a NABC to begin with - in case of NABC or if the BC is late registered - then one needs secondary evidence plus affidavits etc. It will be great if I am mistaken and Secondary Evidence + Affidavits would be sufficient with a late registered BC or a NABC.


Imdeng,

Unless your parents registered your birth back then, registering birth now, and getting BC will not have any value add to your case (BC has two dates, Birth Registered date, and BC issue date). I took that pain registering, paying penalties, etc. Finally law firm said no to that BC, and asked me to provide affidavit from my parents, and two or three other proofs from India that are old and Govt./Educational institution issued. I used my 10th grade marks card (it has my Date of birth, and my name, and my father's name in right spelling), and PAN card issued by Indian TAX office. Key here is that you produce two to three old evidences that has your name, and your fathers' name in right spelling, and correct date of birth according to your passport. Based on my experience, iff you can get those, you will not need BC anymore.

[imdeng]

Kanmani - shouldn't there be a Non-Availability of Birth Certificate (NABC) to accompany the Affidavits? My impression was that they are essential. I have not received an RFE - I assumed that they will ask for a NABC if there is no original BC or a late registered BC.

Imdeng, I agree with sreddy. Birth Certificate affidavits are more than enough. Why do you think you may receive another BC related RFE ?

[imdeng]

I was trying to go to NABC route - but the agency figured they can get a late registered BC - which they did. But now that there is a BC in my name - I am not sure I can get a NABC.

Imdeng, I had somewhat similar issues to yours and after a lot of research and references from Ron's blogs, came to a conclusion that getting correct BC with names/dates etc is of no value if birth registered date is not within 1 year of actual birth(or may be 2 yrs). Instead, I got Non availability of birth certificate from local municipality, affidavits from parents, school records etc to prove BC. No rfe's so far on BC.

Now, I have recd 2nd rfe for EVL and 693.

[vizcard]

I was trying to go to NABC route - but the agency figured they can get a late registered BC - which they did. But now that there is a BC in my name - I am not sure I can get a NABC.

imdeng
I would go with the BC you have and get a new affidavit to also include the address issue in it. As you say, NABC is not an option. Include the secondary evidence (school leaving certificate, etc.). Remember this, as bad as record keeping is in India, people have gotten their green cards.

Also, I truly believe that the BC is more of an issue for FB green cards . It makes no sense to ding an EB application for a BC that's not perfect (particularly address). You are obviously born, your passport and visa have your birth date on it, you have a job and your employer sponsored you for that job. In the FB category, generally you are trying to prove that you are related to someone or vice versa and BCs are useful for that.

My 2 cents :)

[TeddyKoochu]

imdeng
I would go with the BC you have and get a new affidavit to also include the address issue in it. As you say, NABC is not an option. Include the secondary evidence (school leaving certificate, etc.). Remember this, as bad as record keeping is in India, people have gotten their green cards.

Also, I truly believe that the BC is more of an issue for FB green cards . It makes no sense to ding an EB application for a BC that's not perfect (particularly address). You are obviously born, your passport and visa have your birth date on it, you have a job and your employer sponsored you for that job. In the FB category, generally you are trying to prove that you are related to someone or vice versa and BCs are useful for that.

My 2 cents :)

Viz what you say makes complete sense. Being born in India for EB purposes is akin to claiming the least advantaged position anyway. Based on my own experience its always better to have a BC and supplement with affidavits or other documentation. I guess the adjudicator's sole objective here is to verify the country of birth and as long as they have something to go with in case of EB - India it should be fine, if it’s some other country that can put you on a fast track it would warrant more investigation, for example cross changeability cases. Additionally in many cases BC RFE's have been resolved by sending the same documentation again, some lawyers have explained that the cause was that 3 sets of this information needs to be sent one each for ead/ap and 485 applications.

[Kanmani]

Kanmani - shouldn't there be a Non-Availability of Birth Certificate (NABC) to accompany the Affidavits? My impression was that they are essential. I have not received an RFE - I assumed that they will ask for a NABC if there is no original BC or a late registered BC.

I have come across people sending BC affidavits (parents + relatives) alone and passed. My opinion is that having been passed the pre-adjudicated stage, you will not be asked for another bc related RFE. Thathasthu!

[imdeng]

Kanmani/Teddy/Viz - Many thanks for your thoughtful replies. I am somewhat relieved. I am just risk-averse when it comes to documentation. I am going to keep these posts around for couple more hours and then clean up to the BC thread.

I will keep my fingers crossed for not getting an RFE. If I do get one then I will send the BC (unless I can get it corrected - that process is going on) and an explanation of why the address details don't match completely.

[iatiam]

Kanmani/Teddy/Viz - Many thanks for your thoughtful replies. I am somewhat relieved. I am just risk-averse when it comes to documentation. I am going to keep these posts around for couple more hours and then clean up to the BC thread.

I will keep my fingers crossed for not getting an RFE. If I do get one then I will send the BC (unless I can get it corrected - that process is going on) and an explanation of why the address details don't match completely.

Deng,

Trust me, one in two Indians have BC related issues like different name, different date, different place etc. If USCIS starts pounding all of them for solid evidence, then there would not be any Indian with GC in US. So (in my very personal opinion), any evidence to prove that you are born in India would suffice. This is also partly wishful thinking since I have BC issues similar to yours too.

Iatiam

P.S: My PD is a week after yours it will be interesting to see how the whole scenario evolves this year.

[rs3533]

Hi Guys

Positing my question here to appropiate thread. Any help guidance on BC clarity is appreciated.

Primary: I have a birth certificate issued in punjabi and its birth registration date (feb 1977) is 30 days of actual birth date (jan 1977). But the certificate was printed stamped and issued to me only 2008. Other than translation of this certificate, do we have to do anything else?

Spouse: Bith certificate is in punjabi and registered in 2008 but actual birth date in 1977. The birth certificate was printed , stamped and issued in 2008. Is late registration an issue here.

What do I have to do to my certificates and spouse certificate to make it acceptable to USCIS

Please let me know. Thanks in advance.

[rs3533]

Hi Spec, Q, and others

Can someone please respond to above questions. I moved my post to this thread according to recommendation and believe this thread is not very active.

Thanks in advance.

[imdeng]

Your BC meets the criteria for primary evidence, your spouse's does not. You need secondary evidence for your spouse - School Leaving Certificate, anything else that has DOB, parents name, place of birth etc. Further, tertiary evidence - essentially 2-3 affidavits from parents or others who were present at the time of the birth is recommended to support the secondary evidence.


Hi Guys

Positing my question here to appropiate thread. Any help guidance on BC clarity is appreciated.

Primary: I have a birth certificate issued in punjabi and its birth registration date (feb 1977) is 30 days of actual birth date (jan 1977). But the certificate was printed stamped and issued to me only 2008. Other than translation of this certificate, do we have to do anything else?

Spouse: Bith certificate is in punjabi and registered in 2008 but actual birth date in 1977. The birth certificate was printed , stamped and issued in 2008. Is late registration an issue here.

What do I have to do to my certificates and spouse certificate to make it acceptable to USCIS

Please let me know. Thanks in advance.

[rs3533]

Thanks imdeng

Any advice on best way to get BC translated?

[imdeng]

There are several reputed translators - some specialize in USCIS work - google around and you should find them. They are not very expensive and IMO worth the cost.

Thanks imdeng

Any advice on best way to get BC translated?

[khazs10]

Hi Nishant,
Could you or others help me?

My original birth certificate was given to my school and a very hard-to-read copy exists. The birth certificate questions are in English and Hindi ( date of birth, place of birth etc). The parents' names and address are written in Hindi. Name of child is not mentioned. Registration date is not visible.

Would two affidavits from my parents and copy of passport page and school leaving certificate be enough?

What should the affidavit say? I saw several samples for missing name etc but in this case there are two problems: The details are in Hindi and the name of the child is not there.

Thanks,
Khazs


I-485 Instructions

Initial Evidence section

2. Birth Certificate

Submit a copy of your foreign birth certificate or other record of your birth that meets
the provisions of secondary evidence found in Title 8, Code of Federal Regulations (CFR), 103.2(b)(2).

This law is at:
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&rgn=div5&view=text&node=8:1.0.1.2.6&idno=8

Go to section 103.2(b)(2) in this law document.

(2) Submitting secondary evidence and affidavits —(i) General. The non-existence or other unavailability of required evidence creates a presumption of ineligibility. If a required document, such as a birth or marriage certificate, does not exist or cannot be obtained, an applicant or petitioner must demonstrate this and submit secondary evidence, such as church or school records, pertinent to the facts at issue. If secondary evidence also does not exist or cannot be obtained, the applicant or petitioner must demonstrate the unavailability of both the required document and relevant secondary evidence, and submit two or more affidavits, sworn to or affirmed by persons who are not parties to the petition who have direct personal knowledge of the event and circumstances. Secondary evidence must overcome the unavailability of primary evidence, and affidavits must overcome the unavailability of both primary and secondary evidence.

--------------------------------------------
There are other interesting things to read too in this law document around this text area and below for further points like non-availability, translations and so on.

[imdeng]

So there are a few posts in this thread just below about my BC issue. After 7 years from original 485 filing and no RFE for BC, I had assumed that that ship has sailed. But USCIS is ever vigilant - today I got an RFE for BC :-(

I had originally submitted two affidavits, a 10th certificate and two School Leaving Certificates. I got a late registration of birth done after 485 submission that has not been submitted to USCIS as yet. Need to figure what to send in the RFE Response. Just got in touch with my employer's attorney and helpfully my employer is supporting my response process through the attorney.

I need wisdom of the group here - help me with your thoughts and experiences. You can get details of my situation in posts below. Essentially, I did get a late registration of birth but this document has my parents current address as the place of birth rather than the address at the time of birth (same city, just different addresses). I am not sure whether submitting this document will help matters. Other than this I don't know what else I can do. Any thoughts?

[qesehmk]

From what I remember, one can simply have parents make an affidavit about your birth and that was acceptable in lieu of a proper birth certificate. I do not know if that has changed now.
So there are a few posts in this thread just below about my BC issue. After 7 years from original 485 filing and no RFE for BC, I had assumed that that ship has sailed. But USCIS is ever vigilant - today I got an RFE for BC :-(

I had originally submitted two affidavits, a 10th certificate and two School Leaving Certificates. I got a late registration of birth done after 485 submission that has not been submitted to USCIS as yet. Need to figure what to send in the RFE Response. Just got in touch with my employer's attorney and helpfully my employer is supporting my response process through the attorney.

I need wisdom of the group here - help me with your thoughts and experiences. You can get details of my situation in posts below. Essentially, I did get a late registration of birth but this document has my parents current address as the place of birth rather than the address at the time of birth (same city, just different addresses). I am not sure whether submitting this document will help matters. Other than this I don't know what else I can do. Any thoughts?

[gs1968]

I don't think it even has to be parents although this is preferable. Anybody older than the applicant like an older sibling, uncle or aunt who can reasonably attest to the birth can do this.

[imdeng]

Well - we did send two affidavits and still got an RFE - so seems like there is need for more.

[gs1968]

To imdeng

What is the problem with the original affidavit? Is there an issue with the content or the format if I may ask? Was there a problem with the notarization?

[imdeng]

None that I know. Its the standard affidavit. The RFE does not mention any specific issue.

To imdeng

What is the problem with the original affidavit? Is there an issue with the content or the format if I may ask? Was there a problem with the notarization?

[gs1968]

To imdeng
Is it because you have not submitted a non availability of birth certificate? I always thought that an affidavit of birth is only if a birth certificate is not available. I am not sure what your place of birth is but the Chennai corporation has an online database where all the birthday are digitized and can he downloaded and printed without need to attest. If your birthplace is another town there are concierge services in India which will do the legwork for you for a fixed fee

[Spectator]

None that I know. Its the standard affidavit. The RFE does not mention any specific issue.

I suspect that the problem may be related to not providing evidence that the primary evidence was not available, since you don't mention including it.

If primary evidence is not available, then proof must be included of that fact before secondary evidence can be considered. Similarly, if primary and secondary evidence is not available than proof of that needs to be established before tertiary evidence can be considered.

To amplify and expand what nishant said in post #416:


(2) Submitting secondary evidence and affidavits -

(i) General.

The non-existence or other unavailability of required evidence creates a presumption of ineligibility. If a required document, such as a birth or marriage certificate, does not exist or cannot be obtained, an applicant or petitioner must demonstrate this and submit secondary evidence, such as church or school records, pertinent to the facts at issue. If secondary evidence also does not exist or cannot be obtained, the applicant or petitioner must demonstrate the unavailability of both the required document and relevant secondary evidence, and submit two or more affidavits, sworn to or affirmed by persons who are not parties to the petition who have direct personal knowledge of the event and circumstances. Secondary evidence must overcome the unavailability of primary evidence, and affidavits must overcome the unavailability of both primary and secondary evidence.

(ii) Demonstrating that a record is not available.

Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where USCIS finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.

https://www.ecfr.gov/cgi-bin/text-idx?SID=786635fc9082db3dcafd9ea4102ffda7&mc=true&node=pt8.1.103&rgn=div5#se8.1.103_12

You've either been unlucky, or USCIS are enforcing these regulations more stringently. Previously, it appears many people had secondary evidence accepted where they had not properly established (per the regulations) that the primary evidence was not available.

I do not know enough about the documentation to know whether your later acquired registration would be sufficient.

Good luck.

[imdeng]

Thanks Spec and gs1968 - You both are correct - I did not include an NABC in the original filing and I suspect that is what triggered the RFE.

I am waiting for the lawyer to suggest a way forward. As you say Spec, it seems I have been unlucky here - but we gotta do what we gotta do - yet another hoop to jump.

[gs1968]

I have never done the NBAC but I think the only problem is the speed of how things move in India it might take a while. Somebody I knew used Yourmaninindia and seemed to work. But if you have relatives in your town of birth they can also start the work on this while the lawyer response is pending

[gs1968]

To imdeng
Not to labor the point but I wanted to add one more thought to the above discussion. The NABC is only if the birth was not registered or the original records are lost and cannot be retrieved successfully. A more familiar problem weface is when the BC is not in the format desired by the USCIS. Typically this is when the father's or mother's name is not in the traditional first name/last name format and uses initials as is common in South India. I faced a similar situation when I applied recently for my mother's green card. As noted in my previous post I was fortunate that someone had registered her birth in Chennai almost 75 years ago and was available on the corporation website for download although containing nowhere near the details required by USCIS. I had run into a problem with my own GC application with the birth certificate many years ago and needed an affidavit which my parents provided. At that time anticipating a future need my mother had a birth affidavit prepared by her mother before she passed away. When I submitted my mother's GC application I attached the original BC I had downloaded and also sent in the affidavit with a cover letter explaining the reason that the birth certificate did not meet USCIS standards. I think this avoided an RFE. I think you mentioned that your birth was registered late but if you have even a barebones registration at the time if birth you can retrieve you can send in with the RFE

[imdeng]

Many thanks for your thoughtful replies gs1968. Unfortunately, no registration was made at the time of birth - so its either a late registration (with an address issue) or an NABC.

Anybody has any recommendation for agencies in India for expediting the process. I have used YourManInIndia before but found them to be very slow. Looking for other options.

[delguy]

I used alliedlegalonline several years back to get the NABC from a city where no one in family lived any longer. They got my parents to sign some affidavits affirming that I was born there. Looks like they got some local lawyer in that city to do the rest and get the NABC. Now a days there are more companies that provide such services and also expedite them for extra fee. If you have contacts in that city where you were born, you can also get someone go there are talk to a lawyer who can get it for a fee. In India usually small time lawyers help getting mariage, birth certificates etc. or they can go directly to registrar of births there and get it yourself.

[imdeng]

Thanks for all the response. Here is an update on the case.

My lawyer was comfortable responding to the RFE with the late registered BC. She resubmitted all the affidavits etc that was in the original submission. RFE is thus responded. Hope that's all there is to it.