Adverse Effect (if any) of Family GC Processing on Employment Based GC Processing

[gop999]

Dear Gurus

Need some urgent advise and hence posting in this thread, Admins please move after response to appropriate thread.

1. My sister had applied for I130 on my behalf in Year 2010 ( sibling Quota)
2. I also have a Perm process pending with USCIS thru my Employer on EB2-I. (Priority date is March 2011(i)) ( I switched job using my I140 from previous employment and the current employer has started the perm again)
3. Recently i got an RFE on I-130 as I had submitted my birth certificate without a name in it ( common in Indian context)
4. While visiting India in 2013, anticipating that I may get an RFE on my GC application sometime in future, I had gotten an affidavit from my Father about name in the birth certificate and duly notarized it.

5. Following are my doubts:

- Is it worthwhile to pursue the RFE considering it was filed in 2010 and sibling PD is stuck in 2001.
- My current situation is - Both my parent have passed away and hence getting any documents etc from India will be difficult.
- Can I use my Father's affidavit, considering he is no more?
- What are the repercussion of I-130 denial on my employment based Perm application now and in future.
- I have the following documents which establishes my connection/relationship with my parents ( as asked by USCIS on the RFE)
1. Indian Passport(s) with my parents name
2. PAN card with father name
3. Indian Drivers License with fathers name.
4. Indian Bank account with both parents as joint account holders.
5.my marriage certificate with my parent names mentioned.
6. High School leaving certificate with Fathers name
7. 10th class certificate with fathers names
8. Migration Certification from school authority with fathers name.

- Considering the above evidence should i consult an attorney?

Any advice is welcome gurus. Thanks in advance.!

Regards

[gop999]

Gururs, Spec/Kanmani/transformer and other, Any suggestion or advise on the above.?

[gop999]

Please help guys, Would there be any adverse reaction if Family I130 is denied over the EB2 GC? Any advise is appreciated.

[nbk1976]

Just send them the affidavit and all supporting documents (letter explaining the situation) and do everything the best you can. USCIS understands many countries do not issue birth certificates in the same way as it is done here.

I think it is best if you keep both channels of GC alive. It's a simple RFE to respond to.

[nbk1976]

I would think the Birth Certificate matter will come up again even with the EB-GC process. It's better to deal with the BC matter now. If the RFE is satisfied, you could just have the USCIS refer to the old case when your EB case comes up for adjudication (assuming, the EB happens first).

Sure, consult a lawyer: always best in all these matters.