GC Petition for my Mother - Non availability of birth certificate question!!!

[srkpriv]

All,
My mom was born in the 1930s and she is 80+ now... I have her non-availability of birth certificate with me and no birth certificate...

She has been a homemaker for quite long she does not have other documents except passport...
Can I use that as secondary evidence? and go ahead and file? Have people filed in this mode and received successful GC for Parent.
I have referred the immihelp page on this already as well..

Are interviews for GC is mandatory? as in everyone gets called? If my mom gets called can I (US Citizen Son) be her translator...

Could you please respond quickly to this questions...
I really appreciate your help.


Thanks a lot.

[Adrian Gruber]

2 step process

All,
My mom was born in the 1930s and she is 80+ now... I have her non-availability of birth certificate with me and no birth certificate...

She has been a homemaker for quite long she does not have other documents except passport...
Can I use that as secondary evidence? and go ahead and file? Have people filed in this mode and received successful GC for Parent.
I have referred the immihelp page on this already as well..

Are interviews for GC is mandatory? as in everyone gets called? If my mom gets called can I (US Citizen Son) be her translator...

Could you please respond quickly to this questions...
I really appreciate your help.


Thanks a lot.

Hello, a couple of questions?
Is you mother here in the US?
Does your mother have a visa?
What is your mother's country of origin?


To become a permanent resident here in the United States you would do the following:
1) You the son would need to petition USCIS on behalf of your mom as immediate family. You need to fill out a petition I-130 here is the link for your review:

https://www.uscis.gov/i-130

Processing times are usually 5 months and the cost was $420 but fees have increased.
For your mom to become a permanent resident she needs to file a form called I-485 and here is your link for this at USCIS:

https://www.uscis.gov/i-485

The cost for this was $1020 but as I said the fees have now increased!
I would urge you to file concurrently, that is both applications together because the I-485 takes longer. I myself am waiting now almost a year.

Answering your question concerning her passport, yes you may use that as evidence in submission for both I-130 & I-485 provided you are able to provide translations.
Does she need to appear for an interview? In probability yes, she may have to appear for an interview. (If she needs special consideration USCIS will provide) In some instances I have heard people being approved without interview.

Some things to consider:
Processing the I-485 your mother must submit to a biometrics appointment, where she needs to go to an "Immigration Support Center" if she is here in the US! She will be required to submit to finger printing and an FBI background check.
She also must submit to a physical exam by a USCIS approved "Civil Surgeon" she must provide her vaccination records.

Hopefully this will give you some idea of the process.

Good luck

[srkpriv]

Hi Adrian,
Thanks a lot for your response...

Yes, my mom is here in the US. She has a valid visa. She is from India.

The documents the PP, the Non-Availability of Birth Certificate, etc are in English only. So I suppose no translations required for that...
So, I will use the passport as secondary evidence. Thanks.


In her I-485 form, I have not officially employed translation services. I explained to her as she went through the document in both English and our language. Of course, I typed the entire documents online as she is not a computer user.

Regarding the Interview question, she is familiar in English, but not that fluent.... If she were called for Interview will I be able to accompany her and possibly translate as needed?

Also, one other thing, is the acceptance receipt typically received for I-130 within 2 weeks... Her continued stay here till approval depends on this correct? I only have few more weeks left in her stay here in the US... So want to make sure I am not mssing any window here when I send her paperwork to USCIS...


Appreciate your response...

Thanks a lot.

Hello, a couple of questions?
Is you mother here in the US?
Does your mother have a visa?
What is your mother's country of origin?


To become a permanent resident here in the United States you would do the following:
1) You the son would need to petition USCIS on behalf of your mom as immediate family. You need to fill out a petition I-130 here is the link for your review:

https://www.uscis.gov/i-130

Processing times are usually 5 months and the cost was $420 but fees have increased.
For your mom to become a permanent resident she needs to file a form called I-485 and here is your link for this at USCIS:

https://www.uscis.gov/i-485

The cost for this was $1020 but as I said the fees have now increased!
I would urge you to file concurrently, that is both applications together because the I-485 takes longer. I myself am waiting now almost a year.

Answering your question concerning her passport, yes you may use that as evidence in submission for both I-130 & I-485 provided you are able to provide translations.
Does she need to appear for an interview? In probability yes, she may have to appear for an interview. (If she needs special consideration USCIS will provide) In some instances I have heard people being approved without interview.

Some things to consider:
Processing the I-485 your mother must submit to a biometrics appointment, where she needs to go to an "Immigration Support Center" if she is here in the US! She will be required to submit to finger printing and an FBI background check.
She also must submit to a physical exam by a USCIS approved "Civil Surgeon" she must provide her vaccination records.

Hopefully this will give you some idea of the process.

Good luck

[Adrian Gruber]

Translator

Hi Adrian,
Thanks a lot for your response...

Yes, my mom is here in the US. She has a valid visa. She is from India.

The documents the PP, the Non-Availability of Birth Certificate, etc are in English only. So I suppose no translations required for that...
So, I will use the passport as secondary evidence. Thanks.


In her I-485 form, I have not officially employed translation services. I explained to her as she went through the document in both English and our language. Of course, I typed the entire documents online as she is not a computer user.

Regarding the Interview question, she is familiar in English, but not that fluent.... If she were called for Interview will I be able to accompany her and possibly translate as needed?

Also, one other thing, is the acceptance receipt typically received for I-130 within 2 weeks... Her continued stay here till approval depends on this correct? I only have few more weeks left in her stay here in the US... So want to make sure I am not mssing any window here when I send her paperwork to USCIS...


Appreciate your response...

Thanks a lot.

Answering your last question regarding her stay, if you already or are pending your petition for immediate family member your mom can now stay past her visa expiration.
Remember the I-130 petition processes in 5 months or less.

Your next question regarding a translator from USCIS:
If you are required to submit supporting evidence and it is in a foreign language, you must submit certified English translations of all documents. The translator must certify that they are competent to translate and that the translation is accurate.
Depending on the interviewing officer you may be allowed to translate for your mother. However you need to visit USCIS website and fill out an affadavit that you are a credible translator.
A quick tip, since your mom does not have a birth certificate write a cover letter explaining this fact, since you are submitting a copy of her passport thats your main piece of evidence. Also remeber that because your mother entered the US under legal inspection she would have either a I-94 stamped in her passport, a paper i_94 receipt or an electronic I-94 which can be accessed at CBP.GOV
You will need the number for her I-485 part 1 "I-94 ARRIVAL DEPARTURE NUMBER"

Good luck.

[srkpriv]

Hi Adrian,
Thanks again...

Will check it out on the I-94 information.. We did not receive a paper one for i-94.. I do have a stamping on the passport Will check on the website...
I will also write a letter explaining regarding the Birth Certificate...

I am not able to understand your response "already or are pending your petition for immediate family member" ...
I am yet to send my paperwork to USCIS... I am planning to do so in a day or two.. I have readied things from my side.. Want to clarify a few things and make sure before I send the paperwork ... Regarding the stay post the visa period could you please explain further? As mentioned, I will send the paperwork for I-130, I-485, I-864, G-1145 and G-325A paperwork and supporting documents together...

Answering your last question regarding her stay, if you already or are pending your petition for immediate family member your mom can now stay past her visa expiration.
Remember the I-130 petition processes in 5 months or less.

Your next question regarding a translator from USCIS:
If you are required to submit supporting evidence and it is in a foreign language, you must submit certified English translations of all documents. The translator must certify that they are competent to translate and that the translation is accurate.
Depending on the interviewing officer you may be allowed to translate for your mother. However you need to visit USCIS website and fill out an affadavit that you are a credible translator.
A quick tip, since your mom does not have a birth certificate write a cover letter explaining this fact, since you are submitting a copy of her passport thats your main piece of evidence. Also remeber that because your mother entered the US under legal inspection she would have either a I-94 stamped in her passport, a paper i_94 receipt or an electronic I-94 which can be accessed at CBP.GOV
You will need the number for her I-485 part 1 "I-94 ARRIVAL DEPARTURE NUMBER"

Good luck.

[srkpriv]

@Adrian,

I have printed the I-94s filled it in the 485s and 130s and also have written a letter regarding the NABC to the officer...

Could you please explain the part where my mom can stay past the visa period after sending in my paperwork to USCIS?

Are you saying that once I receive an acceptance notice of action for my concurrent filing of 130 and 485 my mother will be able to stay here?

Thanks a lot.

Answering your last question regarding her stay, if you already or are pending your petition for immediate family member your mom can now stay past her visa expiration.
Remember the I-130 petition processes in 5 months or less.

Your next question regarding a translator from USCIS:
If you are required to submit supporting evidence and it is in a foreign language, you must submit certified English translations of all documents. The translator must certify that they are competent to translate and that the translation is accurate.
Depending on the interviewing officer you may be allowed to translate for your mother. However you need to visit USCIS website and fill out an affadavit that you are a credible translator.
A quick tip, since your mom does not have a birth certificate write a cover letter explaining this fact, since you are submitting a copy of her passport thats your main piece of evidence. Also remeber that because your mother entered the US under legal inspection she would have either a I-94 stamped in her passport, a paper i_94 receipt or an electronic I-94 which can be accessed at CBP.GOV
You will need the number for her I-485 part 1 "I-94 ARRIVAL DEPARTURE NUMBER"

Good luck.

[Adrian Gruber]

Have You Already Applied to Adjust Status?

If you have already submitted your Form I-485 and supporting forms and documents to USCIS, and received acknowledgment that it has received and accepted it for processing, you don't have to worry about renewing your visa. Your status in the U.S. is legal while you wait for the interview at which your adjustment of status will be decided upon.

So if your mom's visa is still current you may stay in the US,

Who Is Eligible to Adjust Status Even After a Visa Overstay?

A few people can adjust status even after their visa has expired, such as those who:
entered the United States legally (after inspection by a border or other immigration official) and are applying as immediate relatives of a U.S. citizen, or
had a visa petition or labor certification filed for them several years back, under an old law called 245(i).

[srkpriv]

Hi Adrian,
No I have not submitted the forms yet.... I am planning to send them today or tomorrow 1st thing (concurrent filing of I-130 and I-485) for my mother... My mom has around 4 to 5 weeks of stay left in her visa (per I-94)... Hoping it is sufficient to receive the acceptance from USCIS...

Thanks for your response again...

Have You Already Applied to Adjust Status?

If you have already submitted your Form I-485 and supporting forms and documents to USCIS, and received acknowledgment that it has received and accepted it for processing, you don't have to worry about renewing your visa. Your status in the U.S. is legal while you wait for the interview at which your adjustment of status will be decided upon.

So if your mom's visa is still current you may stay in the US,

Who Is Eligible to Adjust Status Even After a Visa Overstay?

A few people can adjust status even after their visa has expired, such as those who:
entered the United States legally (after inspection by a border or other immigration official) and are applying as immediate relatives of a U.S. citizen, or
had a visa petition or labor certification filed for them several years back, under an old law called 245(i).

[skm]

non availability of birth certificate

Hello Adrian or srkpriv,

I was reading this thread and had a quick question.

I am planning to apply for green card for my parents (who are both 75+ in age and don't have birth certificates).

What is "non availability of birth certificate"?

Is it a certificate that's issued by an official govt body in India (where my parents are from), such as the local township or village where my parents were born?

Is it a "must have" to apply for their green card?

Thanks,