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I-130 for parents denied due to not having birth certificate

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  • I-130 for parents denied due to not having birth certificate

    Hi,

    I filed for I-130 for my parents, but I do not have my original birth certificate issued from the hospital at the time of birth. I had originally provided additional documents like my birth certificate issued from municipality about 10 years ago, but USCIS asked me for additional evidence to provide my family relationship.
    So based on the example documents they gave me, I additionally gave my old indian passport (issued more than 15 years ago), my school- college degree certificates with birth dates and my father's / parents names on it, but USCIS denied my I-130 saying I was not able to prove that my parents are indeed related to me.
    I have 90 days to appeal.

    What should do now?
    Should I hire an attorney to present my case?

    Will a notarised affidavit by me, parents, relatives be sufficient?

    Please help

  • #2
    I-130 help with no birth certificate

    Originally posted by kaushikkv View Post
    Hi,

    I filed for I-130 for my parents, but I do not have my original birth certificate issued from the hospital at the time of birth. I had originally provided additional documents like my birth certificate issued from municipality about 10 years ago, but USCIS asked me for additional evidence to provide my family relationship.
    So based on the example documents they gave me, I additionally gave my old indian passport (issued more than 15 years ago), my school- college degree certificates with birth dates and my father's / parents names on it, but USCIS denied my I-130 saying I was not able to prove that my parents are indeed related to me.
    I have 90 days to appeal.

    What should do now?
    Should I hire an attorney to present my case?

    Will a notarised affidavit by me, parents, relatives be sufficient?

    Please help
    I am an immigration attorney in Florida. It is always best to have numerous secondary evidence PLUS affidavits (one from each parent if still alive and at least 1 other affidavit from close family member who can provide details of birth date, place, names of parents, your name and the individual's full name, address, contact information). All affidavits must be properly notarized. Best to refile with all proof mentioned above than file appeal because those appeals go to the Board of Immigration Appeals (BIA). Could be lengthy wait.
    I've never had an I-130 family based petition denied -
    Last edited by samlynn; 09-25-2016, 03:25 PM.

    Comment


    • #3
      Originally posted by kaushikkv View Post
      Hi,

      I filed for I-130 for my parents, but I do not have my original birth certificate issued from the hospital at the time of birth. I had originally provided additional documents like my birth certificate issued from municipality about 10 years ago, but USCIS asked me for additional evidence to provide my family relationship.
      So based on the example documents they gave me, I additionally gave my old indian passport (issued more than 15 years ago), my school- college degree certificates with birth dates and my father's / parents names on it, but USCIS denied my I-130 saying I was not able to prove that my parents are indeed related to me.
      I have 90 days to appeal.

      What should do now?
      Should I hire an attorney to present my case?

      Will a notarised affidavit by me, parents, relatives be sufficient?

      Please help
      WHat is your status? Thats vague here. You say you are filing a petition for immediate relative here. Are you the US Citizen/Permanent Resident? If so thats why you need to prove paternity.
      If you already established this evidence when you came to the US how did you provide documentation?
      Bestcase scenario is to contact your embassy and request a copy of your birth certificate.

      Comment

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