Birth Certificate or Non Availability Certificate not available for mother

[Anita Mous]

I'm sponsoring my parents for their GC. My mother was born in 1953 in a small town in Gujarat. Her birth was not registered and we do not have any school/college certificates. We have Pan/Ration/Passport. We have 2 affidavits from her family from relatives older than her. The India Reciprocity page at Dept Of State implies that for anybody born prior to 1970, both birth certs and non availability certs are optional and that an affidavit suffices. Yes many report getting RFE's asking for the BC and/or NABC. So what gives? Is the IO allowed to over-ride the guidance in the Reciprocity page? Has anybody had any success(or failure) in sending just the affidavits and a printout of the Reciprocity page? Even the DS-260 instructions on the Mumbai Consulate page make no mention of NABC - just the affidavits. Any help or hearing about other experiences will be appreciated.

[rajkumaf687]

Hi Anita,

Could you find any solution of your issue ? I am also in same boat and lloking for NABC for my mother born in 1938.

[mk1234]

Hi Anita and Raj,

Any update on your case? Can you please let me know how you proceed. I am too facing same issue. My father is born before 1950 and don't have Birth Certificate or NABC.

Thanks,
MK

[ifra]

What you’re talking about is not that big of an issue I’ve had many clients who dealt with similar issues and some who DID have a birth certificates but their birth certificates were still not accepted from the USCIS because the issuing authority (usually war torn countries) was not considered valid. However if the USCIS does not consider the affidavits of birth you provided to be enough evidence then you are simply going to be asked by the USCIS to do a DNA test which shouldn’t be a problem just take the DNA test they’re going to be able to see from the DNA test that you are clearly their child and then they’ll approve it and send it to the national Visa Center. Also I’m not sure why you’re looking at the DS-260 for information regarding this, that application is for people who have already been approved by the USCIS and are filling out the DS-260 so they can be scheduled for an interview. There is admittedly a civil document submission section (The one titled IV CIVIL DOCUMENTS) of the NVC DS-260 application online but if you don’t have to submit a birth certificate if you don’t have one simply write a comment in that section of the IV civil documents saying you don’t have a birth certificate and instead upload a copy of your DNA test results in the OTHER DOCUMENTS section and that will be more than enough. The national Visa Center does not verify evidence that you submitted such as birth certificates. ALL evidence relating to proving a relationship between you and your parents are FULLY verified and approved by the USCIS first. And when the USCIS approves your case they transfer your case to the national Visa Center THEN you file the DS-260 online. The national visa center only verifies financial documents and police reports certificates Not anything to do with proving your relationship to your parents that’s done entirely through the USCIS.

Hopefully that answers your question and you understand how the process works a bit better.


All the best,
-ifra

[SG2020]

What you’re talking about is not that big of an issue I’ve had many clients who dealt with similar issues and some who DID have a birth certificates but their birth certificates were still not accepted from the USCIS because the issuing authority (usually war torn countries) was not considered valid. However if the USCIS does not consider the affidavits of birth you provided to be enough evidence then you are simply going to be asked by the USCIS to do a DNA test which shouldn’t be a problem just take the DNA test they’re going to be able to see from the DNA test that you are clearly their child and then they’ll approve it and send it to the national Visa Center. Also I’m not sure why you’re looking at the DS-260 for information regarding this, that application is for people who have already been approved by the USCIS and are filling out the DS-260 so they can be scheduled for an interview. There is admittedly a civil document submission section (The one titled IV CIVIL DOCUMENTS) of the NVC DS-260 application online but if you don’t have to submit a birth certificate if you don’t have one simply write a comment in that section of the IV civil documents saying you don’t have a birth certificate and instead upload a copy of your DNA test results in the OTHER DOCUMENTS section and that will be more than enough. The national Visa Center does not verify evidence that you submitted such as birth certificates. ALL evidence relating to proving a relationship between you and your parents are FULLY verified and approved by the USCIS first. And when the USCIS approves your case they transfer your case to the national Visa Center THEN you file the DS-260 online. The national visa center only verifies financial documents and police reports certificates Not anything to do with proving your relationship to your parents that’s done entirely through the USCIS.

Hopefully that answers your question and you understand how the process works a bit better.


All the best,
-ifra

==========================================================

It it seems that there is some confusion between 1) Birth Certificate (BC) of the petitioner who is an US Citizen and 2) BC of his Parents, whose BC / NABC are not available. Here, I think the problem is not to prove that the petitioner is their biological child . So, DNA will not help .

From the Topic Title it is clear that the problem is with BC/NABC which are not available. This problem becomes more complex when no older (to Parents) member is not living . Anita Mous may clarify.

[SG2020]

I'm sponsoring my parents for their GC. My mother was born in 1953 in a small town in Gujarat. Her birth was not registered and we do not have any school/college certificates. We have Pan/Ration/Passport. We have 2 affidavits from her family from relatives older than her. The India Reciprocity page at Dept Of State implies that for anybody born prior to 1970, both birth certs and non availability certs are optional and that an affidavit suffices. Yes many report getting RFE's asking for the BC and/or NABC. So what gives? Is the IO allowed to over-ride the guidance in the Reciprocity page? Has anybody had any success(or failure) in sending just the affidavits and a printout of the Reciprocity page? Even the DS-260 instructions on the Mumbai Consulate page make no mention of NABC - just the affidavits. Any help or hearing about other experiences will be appreciated.

==========================================================

It it seems that there is some confusion between 1) Birth Certificate (BC) of the petitioner who is an US Citizen and has his valid BC and 2) BC of his Parents, whose BC / NABC are not available. Here, I think the problem is not to prove that the petitioner is their biological child . So, DNA will not help .

From the Topic Title it is clear that the problem is with BC/NABC which are not available. This problem becomes more complex when no older (to Parents) member is available in the Family to vouch/ certify birth of parent through an affidavit. Anita Mous may clarify. Thanks

[SG2020]

What you’re talking about is not that big of an issue I’ve had many clients who dealt with similar issues and some who DID have a birth certificates but their birth certificates were still not accepted from the USCIS because the issuing authority (usually war torn countries) was not considered valid. However if the USCIS does not consider the affidavits of birth you provided to be enough evidence then you are simply going to be asked by the USCIS to do a DNA test which shouldn’t be a problem just take the DNA test they’re going to be able to see from the DNA test that you are clearly their child and then they’ll approve it and send it to the national Visa Center. Also I’m not sure why you’re looking at the DS-260 for information regarding this, that application is for people who have already been approved by the USCIS and are filling out the DS-260 so they can be scheduled for an interview. There is admittedly a civil document submission section (The one titled IV CIVIL DOCUMENTS) of the NVC DS-260 application online but if you don’t have to submit a birth certificate if you don’t have one simply write a comment in that section of the IV civil documents saying you don’t have a birth certificate and instead upload a copy of your DNA test results in the OTHER DOCUMENTS section and that will be more than enough. The national Visa Center does not verify evidence that you submitted such as birth certificates. ALL evidence relating to proving a relationship between you and your parents are FULLY verified and approved by the USCIS first. And when the USCIS approves your case they transfer your case to the national Visa Center THEN you file the DS-260 online. The national visa center only verifies financial documents and police reports certificates Not anything to do with proving your relationship to your parents that’s done entirely through the USCIS.

Hopefully that answers your question and you understand how the process works a bit better.


All the best,
-ifra

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There seems to be some confusion between a) Birth Certificate BC for the Petitioner who is US Citizen and has his valid BC and b) BC for his parent who are seeking Green Card GC . As per Topic Title BC/NABC for his mother and the same are not available . How DNA can establish Date of Birth DOB of his mother . It is beyond comprehension . Please clarify .

[SG2020]

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There seems to be some confusion between a) Birth Certificate BC for the Petitioner who is US Citizen and has his valid BC and b) BC for his parent who are seeking Green Card GC . As per Topic Title BC/NABC for his mother and the same are not available . How DNA can establish Date of Birth DOB of his mother . It is beyond comprehension . Please clarify .

[SG2020]

I'm sponsoring my parents for their GC. My mother was born in 1953 in a small town in Gujarat. Her birth was not registered and we do not have any school/college certificates. We have Pan/Ration/Passport. We have 2 affidavits from her family from relatives older than her. The India Reciprocity page at Dept Of State implies that for anybody born prior to 1970, both birth certs and non availability certs are optional and that an affidavit suffices. Yes many report getting RFE's asking for the BC and/or NABC. So what gives? Is the IO allowed to over-ride the guidance in the Reciprocity page? Has anybody had any success(or failure) in sending just the affidavits and a printout of the Reciprocity page? Even the DS-260 instructions on the Mumbai Consulate page make no mention of NABC - just the affidavits. Any help or hearing about other experiences will be appreciated.

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

There seems to be some confusion between a) Birth Certificate BC for the Petitioner who is US Citizen and has his valid BC and b) BC for his parent who are seeking Green Card GC . As per Topic Title BC/NABC for his mother and the same are not available . How DNA can establish Date of Birth DOB of his mother . It is beyond comprehension . Please clarify .