Birth Certificates for Green Cards

[drrao39]

Hi all,

I have a question, which must be the case with other Indians as well who are applying for Green Cards. One of the requirement is submission of Birth certificates. As many aware that Indian Government made the Registration of Births and Deaths mandatory only from 1969 onwards through an Act of 1969. As such persons born before this Act of 1969 have no records available in Municipalities. When I went to Municipal Corporation, they gave a " Non-availability Certificate" since I was born in 1939 ( i.e. before this Act of 1969). I would like get some guidance and information on this :

- Whether this "Non- availability certificate" is acceptable to USCIS, inview of the Govt of India's Act of 1969?

- What other evidence(s) are required to prove the Date of Birth, other than the Passport and school certficates etc.

- I have obtained Affidavits from two aged persons (Above 90 years old) who are older than me , are they acceptable to USCIS for submission?

I am sure many Indians may have the same issue on Date of Births, if they are applying for Green Cards for their Parents, who were born before 1969

Awaiting for your responses and guidance before we proceed.

Thank you in advance

[MaryH]

I thought someone of Indian Origins would have responded by now, however, you clearly stated the rules governing your Country, therefore, my suggestion, would be to send those affidavits you spoke about along with any relevant documents, specifying your Name, Date of Birth etc. You should also send along a letter explaining your situation and your Country's way of handling BCs, prior to 1969.

If USCIS, ask for something else, then you address it then.
Good luck!!

[drrao39]

Thanks so much for your advice. I have few more questions for clarification. I am sure people like me who experienced such issues would certainly provide some guidance.

Some websites say that Affidavits for Birth certficates can be obtained from Parents and close relatives, such as uncle, Aunt etc. In my case I have no parents, but I have my own brother and first cousin brother, who are both older to me by 4 years. I would like to be guided whether I can get affidavits from these two brothers ( One own and the other first cousin, i.e. my mother's sisters son).

Also I noted from web site that affidavits can be obtained from close family friends who are well known. I have a very close family friend who is 95 yrs old, and debating myself whether an Affidavit from him would meet the requirements.

I would be grateful if someone can clarify my genuine issues at the earliest

[MaryH]

Anyone around, in the time you were born. Therefore, that 95 years old, person sounds great. U hope all works out for you.

- - - Updated - - -

There is a website or guidance from USCIS, that gives instructions on alternatives on what to do, if one is not able to provide a certificate, for one reason or another.

[drrao39]

Thank you for all your support. Recently I came across the requirement of USCIS on Birth certificate Affidavits. They also gave the Affidavit instructions and a sample affidavit to fill in. I an reproduing their instructions for your information ( not the sample affidavit) . Surprisingly I noted that Affidavits from Father, Mother and family members are NOT accepatable. Affidavits from uncle, Cousin and friend etc are acceptable.

QUOTE

Code of Federal Regulations: Title 8, Volume 1", U.S. Government
Printing Office via GPO Access (revised as of January 1, 2002)
National Records and Archives Administration


USCIS states that : Two COPIES - Birth certificates (including children if any) IF THE BIRTHS WERE RECENTLY RECORDED OR MISSING ANY PERTINENT INFORMATION, AFFIDAVITS ARE REQUIRED (INSTRUCTIONS ATTACHED) USCIS WILL NOT ACCEPT DOCUMENTATION SUBMITTED FROM A HOSPITAL OR EMBASSY (So this renders the birth certificates issued from foreign consulates useless).

Affidavit Instructions

You must have two people complete and sign an affidavit. They cannot be your mother, father, sister or brother. The person must have been at least 16 years of age at the time and the affidavits must be notarized. This can be done by people in or out of the United States.

The attached affidavit is just a sample. It must be retyped, omitting the portion we have underlined (uncle, cousin, friend, etc.).

UNQUOTE

From the above it is very clear Affidavits either from father or mother, family members brother or sisters are not acceptable. I am really confused on this , as my friend had submitted 2 Affidavits one from his living father and the other from his aunt, and he got through . Moreover I did not quite understand what is the meaning of "a person must have been at least 16 yrs of age" . Does it mean the person who is giving the affidavit should be 16 yrs older to the person who is the beneficiary?

I would be grateful if some one can give guidance on this case which is totally confusing.

Tks in advance

[irah80]

I am in same situation

Hi,

Did you sort out for the birth certificate for your parents. I am also in similar situation. My dad is kind of eldest in the family and one of his first cousin is 4 year older than him. Can I get the affidavit from him for my father? Did you also get the nn availability of the birth certificate. You help will be highly appreciated.

Thanks,
Rahul

Thank you for all your support. Recently I came across the requirement of USCIS on Birth certificate Affidavits. They also gave the Affidavit instructions and a sample affidavit to fill in. I an reproduing their instructions for your information ( not the sample affidavit) . Surprisingly I noted that Affidavits from Father, Mother and family members are NOT accepatable. Affidavits from uncle, Cousin and friend etc are acceptable.

QUOTE

Code of Federal Regulations: Title 8, Volume 1", U.S. Government
Printing Office via GPO Access (revised as of January 1, 2002)
National Records and Archives Administration


USCIS states that : Two COPIES - Birth certificates (including children if any) IF THE BIRTHS WERE RECENTLY RECORDED OR MISSING ANY PERTINENT INFORMATION, AFFIDAVITS ARE REQUIRED (INSTRUCTIONS ATTACHED) USCIS WILL NOT ACCEPT DOCUMENTATION SUBMITTED FROM A HOSPITAL OR EMBASSY (So this renders the birth certificates issued from foreign consulates useless).

Affidavit Instructions


You must have two people complete and sign an affidavit. They cannot be your mother, father, sister or brother. The person must have been at least 16 years of age at the time and the affidavits must be notarized. This can be done by people in or out of the United States.

The attached affidavit is just a sample. It must be retyped, omitting the portion we have underlined (uncle, cousin, friend, etc.).

UNQUOTE

From the above it is very clear Affidavits either from father or mother, family members brother or sisters are not acceptable. I am really confused on this , as my friend had submitted 2 Affidavits one from his living father and the other from his aunt, and he got through . Moreover I did not quite understand what is the meaning of "a person must have been at least 16 yrs of age" . Does it mean the person who is giving the affidavit should be 16 yrs older to the person who is the beneficiary?

I would be grateful if some one can give guidance on this case which is totally confusing.

Tks in advance