I-485 RFE for Birth Certificate. Please help!

[clcauser]

Hi, I am applying for my mother's GC, and got RFE requesting birth certificate. I don't have a birth certificate, and there is no official birth record since I was born at home (in Delhi in 1977). In the absence of birth certificate, USCIS requested secondary evidence AND a letter from government or other authority. I already submitted signed affidavits from 2 close relatives with original application, along with photos of myself & mother (from birth until now).


A few questions:

1. Are signed affidavits considered as valid secondary evidence?

2. Our affidavits don't state that the relatives were present at the time of birth, but instead state that they have "personal knowledge of the birth details due to the nature of very close relationship". Does that have a material impact on the validity of affidavits for this purpose?

3. Is the required letter from government "Non-Availability of Birth Certificate" (NABC)?

4. Is the NABC absolutely essential for the application, and if so, are there any reputed agencies in USA that can help procure the document in Delhi?

5. Can we get a DNA test done to prove relationship even though USCIS hasn't provided that option in RFE?


Thanks a lot!

[rkk09]

Hi,
Please see my response below.
1. Are signed affidavits considered as valid secondary evidence?
Answer: Yes.. It is good evidence for replacing birth certificate.. But, RFE requires more evidence then you will need to consider them and obtain the additional evidence to meet the requirements.
2. Our affidavits don't state that the relatives were present at the time of birth, but instead state that they have "personal knowledge of the birth details due to the nature of very close relationship". Does that have a material impact on the validity of affidavits for this purpose?
Answer: It might be the reason. Usually, we suggest to prepare affidavit to include the sentence stating concern person were present at the time of birth.
3. Is the required letter from government "Non-Availability of Birth Certificate" (NABC)?
Answer: Of course YES.
4. Is the NABC absolutely essential for the application, and if so, are there any reputed agencies in USA that can help procure the document in Delhi?
Answer: If you include NABC letter from government official would be really great supporting evidence.. Regarding agency, I am not sure about that.
5. Can we get a DNA test done to prove relationship even though USCIS hasn't provided that option in RFE?
Answer: I don't think, It is essential. There is lot of other supporting documents you can include as secondary evidence for birth certificate.. I can list out some of the alternative documents for you..

• Religious or school records
• Hospital or medical records
• Baptismal certificate
• Census records.

Thanks