I-485 RFE on Birth Certificate

[vpsac]

After searching through this forum and other forums, I haven't found an exact match to my situation with an RFE on my I-485 application regarding my birth certificate.
When I applied for I-485, the birth certificate I submitted was a copy of the original one (from a municipality in India). Though it was not from my time of birth, whereas it was obtained in 2009, it is original in terms of all seals, stamp and signatures. It is from a state where the birth certificate is right below a Rs.10 stamp paper (original blue one). One other thing to note is that the birth certificate was bilingual with the native language as well as English. The only thing that was in the native language was my father's name along a stamp-sealed box whereas on the next page where all names are listed, his name is completely spelt in English.

The RFE I got states:
"Please submit a photocopy of your official Birth Certificate. If the document is not in English, please include a certified English translation. If a birth certificate does not exist or cannot be obtained, you must demonstrate this and submit secondary evidence pertinent to the facts at issue "

I have again verified that the particular state in India is still issuing Birth Certificates in this format.

What I don't understand regarding the RFE is, could it be that the one non-English word caused trouble? Or are they telling me that this is not the official Birth Certificate. Whatever is the case, I am looking for suggestions or ideas as to how to overcome this situation in terms of what I need to prepare and produce to respond to this time-sensitive RFE. Thank you

[immihelp]

How can the birth certificate be on a stamp paper.

It seems it is an affidavit, and not actual birth certificate.


Can you tell what state are you referring to?

[vpsac]

The Birth Certificate(on the stamp paper) was issued in Kerala

[immihelp]

I have never heard about birth certificate being issued on stamp paper. Government documents like that don't go on stamp paper.

And you are not the first person from Kerala to apply for green card who needs the birth certificate.

Please get the proper birth certificate.

[sachin_216]

I could be wrong but I have never heard of a birth certificate on a stamp paper either. Either you could double check with the issuing authority or get another birth certificate which is NOT on a stamp paper.
Like immihelp said, it sounds more like an affidavit.

[vpsac]

Thank you both for your feedbacks. I am checking back with the municipal/corporation authorities

[deepus2000]

Hi vpsac ,

I too got the same BC ( from kerala) . my attorney said thats fine , but I got RFE on BC .

Did you get a new one ?

[deepus2000]

Thank you both for your feedbacks. I am checking back with the municipal/corporation authorities

Hi ,

I cross checked again . All kerala BC have this format - with stamp paper .

See this *

so dont worry .

[immihelp]

I don't see any stamp paper in the link you provided.

[deepus2000]

I don't see any stamp paper in the link you provided.

that link was more for the format , In our state all BC's are done in a stamp paper and all got GC with that BC , So I think the details ( name.fathers/mother's name/registration date) etc matters more .

Also its sealed by Registrar of births and deaths and signed by Registrar .

Is that fine then ?

[vpsac]

deepus2000,
I cross-checked with the so called authorities in Kerala- they are not giving in any other format. So we are left with what we have (which is the one on stamp paper). Looks like the only way out is to get a state home department attestation followed by an apostillation(the one with verification which will then be legal for use in US) . This should be fine - don't know yet as I still haven't responded to the RFE but based on my research this is what I am gonna do.

Thanks

[deepus2000]

deepus2000,
I cross-checked with the so called authorities in Kerala- they are not giving in any other format. So we are left with what we have (which is the one on stamp paper). Looks like the only way out is to get a state home department attestation followed by an apostillation(the one with verification which will then be legal for use in US) . This should be fine - don't know yet as I still haven't responded to the RFE but based on my research this is what I am gonna do.

Thanks

vpsac ,i think thats a good option . My GC got approved yesterday .. We sent the same BC in color copies and also the 10th Certificate with Parents details page ...

All the best with your case ..

[vpsac]

deepus2000,
Thanks. I got my GC too. Here's what happened in my case : While I was getting the attestation and apostillization done...which is appx a 45 days process(BTW now it is done...) there wasn't enough time to respond to the RFE. Hence I just got the certificates redone in all English (as there were about 2-3 malayalam words in it).... which makes it alltogether a different certificate though the stamp was still on... .and just got it notarized... Then printed out the stuff in color and responded to the RFE with it. Received my GC within about 3 weeks from then.

[gopzter]

I realize I am responding to a fairly old thread, but I face a similar situation. My BC was issued in Kerala. My BC is entirely in English, and is made out in stamp paper. I plan to submit a color copy based on your experience and also an affidavit. Thank you for sharing your experiences here.

I have an issue with my place of birth in BC and passport. My BC reads Cannanore as place of Birth, however in my passport my place of birth is Kannur - Cannanore was renamed to Kannur after my BC was issued.

Did you face any such issue due to difference in place names? Can this be tackled in the affidavit? Appreciate your inputs

[Rohit Kewlani]

RFE on Birth Certificate

Hi All,

I just received an RFE notice on i-485 and here’s the exact language we received from USCIS.

You submitted a copy of your computer generated birth certificate. However, this document appears to have been altered. Specifically, your parents’ names have been added to the document in a different format and appears to have been typed onto the document. Therefore, submit an explanation and independent objective evidence from the issuing civil authority to support your claim and to establish that this is the “norm” for this particular issuing civil authority. The U.S. Department of State indicates you should be able to submit one of the following:
• If you were born in a city, submit a copy of a birth certificate issue by the Local Registrar
• If you were born in a village, submit a photocopy of a birth certificate issued by the additional District Registrar’s Office
• If you completed grade 10 or higher, also submit a photocopy of their Education Board Certificate
Please submit a birth certificate which meets these requirements.
The birth certificate must be issued by the appropriate civil authority showing timely registration, date and place of birth, and parents’ name. In addition, the document must contain the seal of the issuing office including the date of registration and signature of the registrar.

If the birth certificate does not list the names of both mother and father, secondary evidence must be submitted to establish parentage.


Below is our response & documents we plan to send over to allay their concerns.

Dear Sir/Madam,

In response to your “Request for Evidence”, please find the following documents enclosed herewith:
• The “Request for Evidence” letter and the envelope
• Copy of documents listing names of both mother & father, establishing parentage
o Notarized copy of the birth certificate confirming that the copy enclosed is true copy of original and has not been altered
o Copy of notarized affidavits by both parents about the birth of ZZZZZZ.
 Mother – YYYY XX
 Father – YYYYYYY
o Copy of Grade 10th and 12th Education Board Certificate
o Copy of School Transfer Certificate
o Copy of Rohit’s marriage certificate

School records show my mother’s full name as “ YYYY X” because at some places it’s customary in India to have as last name, in absence of which it typically assumes the family name of his or her spouse.

Thank you in advance for your assistance in this matter. Please do not hesitate to contact me if a question should arise.

Sincerely,
ZZZZZZZ




Let me know if the response is good enough to support the cause.