Birth Certificate for I-485 filing

[alluvignesh]

Hi,

Me and my husband are applying for our GC this July. Birth Certificate is the required document for filing I-485. Both of us have Birth certificate issued at the time of birth but our name is not present in it.

As per our attorney's instructions. Birth certificate issued at the time of Birth with the name is only valid and if it is not present we should get a non-availablity letter from the corporation of the city where we were born and also 2 affidavits from our parents.

so, we asked our parents in india to get non-availability letter from the city where we were born. but the officials there say that our names are found in their records so they cannot issue a non-availability letter.

Can any experts please help us in this regard... what can be done in such a situation.

waiting for your views.

Thank you

[waitin_toolong]

If the names were found then get those birth certificates from India then you dont need affidavits. It is even better than the affidavits

The BC's you have now are probably the hospital issued certificates.

It does not matter that the BC's will be issued in current year as long as the names and date of birth are all correct.

[abc12345]

make an affidavit

Lawyers are always fussy. It is better to get a birth certificate but in case if you dont have it there are 2 ways to do it.
1) Catch a dalal (broker). He will charge some money and will get one for you.
2) Get affidavit on indian stamp paper from both your parents stating all your information. You can find the format anywhere on the internet. They might say that with affidavit, you will need letter from municipality stating that your record is not available but I have seen people getting cleared without that. so if u r unlucky, then only u will have problem.

[Sathya]

Hi,

Can anyone pls let me know the procedure for getting a non availability of birth certificate?

I dont have a birth certificate and got one issued from the Indian Consulate Chicago based on the passport. Also I ahve affidivits from my parents and Uncle which is notorised.

Pls let me know if this is enouh for filing.

I enquired about getting a non availability certificate from the place where I was born, but those guys are very straight forward and they say that I need to approach the court and file saying that my birth has not been registered. And when the court gives an order to the municipality to search and issue a "Non availability" if the birth records are not found. This is going to take for ever I guess.

Can you pls sugest of any other way out?

Kindly giving your suggestions. It will be of great help.

Thank you very much.