RFE on Birth Certificate

[sbal22]

Hi All,

Please help me here..

I have received an RFE for birth certificate and here is my case:

I was born in July 1981 in India and do not have a birth certificate.
I do have all my school records, voter ID card , DL , passport to support secondary evidence.

I searched the forums and came to know that affidavits from parents and a close relative can work + non availability certificate from gov authority.

Also, I have seen people saying that USCIS only accept affidavits if the birth was before 1970 or in a time frame when birth certificates were not mandatory.

I am confused.. please help how to respond to this RFE

[immihelp]

Alternatives are described at https://www.immihelp.com/birth-certi...ion-and-visas/

[sbal22]

Hi,

Thanks for the link, I have gone through it.

It says in FAM for India - Birth Certificates are necessary born after April 1 , 1970 under Birth and Death registration Act of 1969.

My question is: I was born in 1981 (11 years after the law was forced) and I do not have a birth certificate , what documents do i need to send to USCIS.

Please help..

[immihelp]

Obviously, you have not gone through everything in our birth certificate section.

Did you read https://www.immihelp.com/delayed-bir...-us-greencard/ ?

Do yourself a favor. Read everything carefully at http://www.immihelp.com/birth-certificate/ It has been prepared after a lot of research for a lot of scenarios.

[estherkoshy]

Hi sbal22

Did you get your issue solved?

[sur_pa]

Hi All,

Please help me here..

I have received an RFE for birth certificate and here is my case:

I was born in July 1981 in India and do not have a birth certificate.
I do have all my school records, voter ID card , DL , passport to support secondary evidence.

I searched the forums and came to know that affidavits from parents and a close relative can work + non availability certificate from gov authority.

Also, I have seen people saying that USCIS only accept affidavits if the birth was before 1970 or in a time frame when birth certificates were not mandatory.

I am confused.. please help how to respond to this RFE

Here is an explanation for your case. I am not sure if you are still looking for solutions.

1. No matter when you are born, you must produce a birth certificate from the country of origin. This is because (for ex: people born in australia become citizens of canada and then migrate to USA, in such case, they must have a birth certificate from australia not canada which proves that they were born on such a date in australia.
2. If you dont have a birth certificate, obtain a "non availablity certificate" This can be done from local authorities of the city or village where ever you were born. In India a Tahasildar can issue a non availablity certificate. There after your parents can provide you an affidavit stating that your birth date is such and such........
If your parents can not obtain non availablity certificate or the affidavit in english, a translation also has to be produced.

By the way, if you make attmepts, your birth records should be available in the city or village you were born. Just that you do not have it does not mean that it is not available