I-130 questions. Brother of a naturalized US refugee.

[Dalmar]

Hi folks,

I need some help.

I live in The Netherlands (EU) and my brother is a USA citizen who became naturalized through the asylum system.

From what I gather, he can petition me for a green card. However, there are some issues:

- Neither I nor my US brother have a birth certificate. I was born in the early 90s in Somalia just before the civil war broke out. Left the country at age 1 and don't have much documentation. My brother left at the same time, but he was born in 1970. I only have a Dutch birth certificate that registered my birth in Somalia at a later date (2 years later). Nothing from the Somali government.

- According to private DNA testing (23andMe) it shows we are true siblings. Can we establish relationship without birth certificates and just through affidavits and DNA tests?

I hope someone can help me out here with these questions. PS. I am aware of the long wait, don't mind. Just need help with these birth certificate issues.

Kind regards,

Dalmar

[Adrian Gruber]

Documents

- Neither I nor my US brother have a birth certificate. I was born in the early 90s in Somalia just before the civil war broke out. Left the country at age 1 and don't have much documentation. My brother left at the same time, but he was born in 1970. I only have a Dutch birth certificate that registered my birth in Somalia at a later date (2 years later). Nothing from the Somali government.

- According to private DNA testing (23andMe) it shows we are true siblings. Can we establish relationship without birth certificates and just through affidavits and DNA tests?

I hope someone can help me out here with these questions. PS. I am aware of the long wait, don't mind. Just need help with these birth certificate issues.

USCIS is very insistent that you supply all documents requested! If during the application process you don't include it USCIS will respond with an RFE "Returned for Evidence"
I am not an attorney, so if I was in your shoes I would include all documents that they ask for including a cover letter explaining the discrepancies with your BC's and include all relevant data IE: DNA etc.

[Dalmar]

USCIS is very insistent that you supply all documents requested! If during the application process you don't include it USCIS will respond with an RFE "Returned for Evidence"
I am not an attorney, so if I was in your shoes I would include all documents that they ask for including a cover letter explaining the discrepancies with your BC's and include all relevant data IE: DNA etc.

But my/our problem is the lack of documentation.

All we have is a Dutch birth certificate (my case) and for my brother (nothing at all)? It's not our fault that Somalia's bureaucratic system is virtually nonexistent (after all it's the world's most failed state).

What is the best thing I could do in this case?

[Adrian Gruber]

But my/our problem is the lack of documentation.

All we have is a Dutch birth certificate (my case) and for my brother (nothing at all)? It's not our fault that Somalia's bureaucratic system is virtually nonexistent (after all it's the world's most failed state).

What is the best thing I could do in this case?

Dalmar, read my response carefully! Include any documents you have and explain in a cover letter the documents you are missing and the reason why, include your DNA evidence.

[Dalmar]

Dalmar, read my response carefully! Include any documents you have and explain in a cover letter the documents you are missing and the reason why, include your DNA evidence.

Thanks, one last question. Does the additional evidence (AABB Accredited DNA test, Affidavits, Dutch birth certificate etc.) need to be included in the original I-130 (now)? Or only later after a RFE 'Request For Evidence' (usually 4 years later).

Thank you in advance.

[Adrian Gruber]

Rfe

Thanks, one last question. Does the additional evidence (AABB Accredited DNA test, Affidavits, Dutch birth certificate etc.) need to be included in the original I-130 (now)? Or only later after a RFE 'Request For Evidence' (usually 4 years later).

Thank you in advance.

Good question, you want to avoid any request for evidence if possible. The reason being that if USCIS requests any evidence they stop processing your application until they are satisfied. So be thorough and try to include as much detail and explanation that you can.