birth cert vs non-availability cert

[willigetagc]

I dont have a birth certificate and so I submitted a non-availability certificate along with 2 affidavits with my 485 application. Does anybody know if that is sufficient or could USCIS come back asking for a birth cert ?

[sravankind]

Two Affidavits one from mother side and another one from your father is sufficient

In my case : I did one from my uncle(mothers brother) and one is from my Father and it worked and approved my GC

Thanks

[sankap]

Originally Posted by sravankind

Two Affidavits one from mother side and another one from your father is sufficient

In my case : I did one from my uncle(mothers brother) and one is from my Father and it worked and approved my GC

Thanks

Did you also have to get a "nonavailability of birth certificate" statement? I submitted only my parents' 2 affidavits and school certificates. If I need to get the nonavailability certificate, whom should I contact?

[anilvt]

I gave 2 affidavit from my mothers sisters and my wife gave 2 affidavits from her 2 uncles ( fathers brother)

Other proof is the school leaving certificate which has your birthdate

One more is your passport birhtdate

Affidavit suffices so don't worry

One thing my lawyer told me is to make sure is that your affidavit should not be from your parents because USCIS will think parents can manupulate the birthdates

i got it all from relatives and legal form from the government and recognized

take it easy

[sankap]

My question is: Along with the affidavits, do you also have to arrange non-availability-of-birth-certificate statement? If yes, I can contact YourManInIndia.com --they charge ~$200 for expedited service.

[willigetagc]

Originally Posted by sankap

My question is: Along with the affidavits, do you also have to arrange non-availability-of-birth-certificate statement? If yes, I can contact YourManInIndia.com --they charge ~$200 for expedited service.

It is better if you get one. In case they (USCIS) ask for it, you will not be able to get it at short notice.
Also, yourmaninindia is probably not a good bet. It might be a lot faster and quicker if your folks in india approach direct. There is just a form to fill and pay the fees. The registrar office will verify and issue a cert within about 1-2 weeks.

[kumarc123]

Originally Posted by willigetagc

I dont have a birth certificate and so I submitted a non-availability certificate along with 2 affidavits with my 485 application. Does anybody know if that is sufficient or could USCIS come back asking for a birth cert ?

I don't have my birth certificate either, and my natural parents died when I was a teenager. This is what my lawyer asked me to do.


Here is the excerpt from the Foreign Affairs Manual regarding birth certificate availability for India and alternate documentation that may be submitted.

Available. Prior to l970, the reporting of births was voluntary. Birth certificates of Europeans, Anglo-Indians, Armenian Christians, Jews and Parsis born prior to l970 may be obtained from the State Registrar General of Births, Deaths, and Marriages. No standard or uniform certificate is issued by the authorities. In addition, acceptable certificates may often be obtained from the municipal and rural registration records, which are maintained under the state laws. Europeans, Anglo-Indians, and Indian Christians are usually able to obtain church baptismal certificates.

Under the Registration of Births and Deaths Act of l969, births are required to be registered in almost all of the States and Union Territories of India. Birth certificates are available to any applicant born on or after April l, l970, upon payment of a nominal fee to the appropriate authority.

In cases where birth certificates from the authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant, may be submitted. It should set forth the relationship between the deponent and the applicant, how well the deponent knows the applicant, date and place of the applicant's birth, the names of both parents, and any other related facts. Such an affidavit, when a birth certificate is unavailable, should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist, or no longer exists.


Another things you can do is go to http://mymaninindia.com/
They charge around 100$, and get a copy of your birth certificate issued from municipal corporation.

What I am planning to do is, go to Indian embassy , and fill up their form, submit a copy of passport and get a birth certificate. One of my friends did that, and he was able to file for 485 last year and had no problems.

So total of 3 options available, hope it helps.