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Guidance on issues with birth certificate

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  • Guidance on issues with birth certificate

    Additional information: EB1 India

    1) My birth was registered but I lost the original birth certificate. However, I have a copy of the birth certificate.
    Will I be able to file I-485 with the copy?
    In this case, should I try to get an original certificate reissued (or) get an NABC (or) get an affidavit?
    > Original: The municipal authorities are ready to reissue one if they are able to locate my records - but expressed doubts on records from the 80s.
    If an original is must - by when should I get it (any time before the interview)?
    > NABC: will the municipality provide a NABC given that they have registered the birth but records might be missing?
    > Affidavit: should this be from the parents around loss of original?

    2) My birth certificate does not have my name, there are minor variations in both parents' names (including a typo)and only parent's first name is present (pretty common in south India).
    Moreover, in secondary proofs (such as matriculation mark sheets): my name as well as my father's name have initials (not expanded) and not a single one of them completely match what is in passport (minor variations e.g. just first name, with initials or with surname). In this case, would a notarized affidavit from parents stating why name wasn't recorded in the birth certificate and showing all variations of their names suffice? Would I also have to produce secondary proof around variations in parents' names?

    3) What other secondary proofs are accepted?
    Does USCIS consider Aadhar cards (or) parent's passports (with valid US visitor visas) as proofs? PS: parent's names are fully expanded (i.e. includes last name) in their passports.

    4) One affidavit or multiple affidavits?
    Is it fine if I get one affidavit from parents that covers the various problems stated above?

  • #2
    You will find lot of good info at below 2 links.:
    US Reciprocity Schedule (look for Birth Certificate section for India): https://www.uscis.gov/news/alerts/us...ncy-requests-0
    Birth certificate issues: https://www.immihelp.com/birth-certi...-requirements/

    Read them completely and then come back here and post a question if something is still not clear.

    I am including some answers below:

    1) Application only requires copies of documents to be filed, not originals, so it should be fine to submit the copy.
    USCIS considers Births in India after 1970 to generally have a birth certificate available.
    > You should apply for the original certificate with the municipal authority as this can be asked for during the process.
    > If they don't find it, ask them to issue the NABC. Re: by when you need it, you should plan assuming that USCIS will issue an RFE for this information (even if they actually don't up end doing that based on further answers below.) If USCIS issues an RFE on this to you before Sep 11, 2020, you will have additional 60 days beyond the due date specified on the RFE. See https://www.uscis.gov/news/alerts/us...ncy-requests-0
    > NABC should be accompanied by secondary evidence (e.g. matriculation certificate) and affidavit(s) from parents (best), and/or other people older than you and having direct knowledge of your birth.

    2) Above links will help you. It can be explained indicating that it is common to name a child at a ceremony after birth, and thats why your name is not recorded in the birth certificate. I believe this will be required for you even if municipal authorities are able to locate the original for you. Re: name variations, yes affidavits indicating 'one and the same person' should suffice. You will find samples at above links.

    3) Above links mention some examples of secondary evidence expected. Submitting Aadhar/PAN/Driving License/Indian Passport etc. should be helpful and won't hurt.

    4) For Birth, affidavit from Parents carries most weight.
    USC filed AOS for parents on B2. I am not a lawyer.
    Timeline
    2020
    7/21 <— 2 sets of I-130/485/944/864/131/765/693 reached Chicago Lockbox
    8/4 <— Checks cashed
    8/5 <— I-797 SMS
    8/24 <— Biometrics completed
    10/19 <— I-485 ("New Card Is Being Produced")
    10/20 <— I-130 and I-485 ("Case Was Approved")
    10/22 <— I-130 and I-485 Approval notices received
    10/28 <— Green card#1 received
    11/07 <— Green card#2 received

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    • #3
      Even if records are missing municipalities have a process of issuing new birth certificate based on multiple witnesses vouching for you. Best if a close family member can visit the municipal office multiple times. Doing so worked for my case, and I was able to get an original birth certificate. More details in my answer to your other post here - https://www.immihelp.com/forum/adjus...th-certificate

      Comment

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