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Non Availibility of Birth Certificates -

Discussion in 'Family based immigration' started by aman, Feb 9, 2007.

  1. aman

    aman Junior Member

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    Dear Ron and friends,

    I am a US Citizen , I plan to do concurrent I-130/I-485 filing for my parents . Both my parents do not have a Birth Certificate.

    I understand that in case of non availability of Birth Certificate I can file following 2 things :

    1) submit a statement from the appropriate civil authority certifying that the document or documents are not available.

    Question: What is considered "appropriate civil authority" ? Is it Local Municipal corporation ? Our Issue is that my Father was born in a city which was in India at that time but is now a part of Pakistan ? Although he currently is in India . Please advise where else can he get the 'Certificate of Non Availability" from

    2) Written and sworn affidavits .
    Question : How many affidvits are needed ? One or Two . Can my father write his own sworn affidavit and can my mother write her own sworn affidavit ? or do these need to come from relatives only ?

    Where can I find more information ? and templates for both 'Non Availibility certificates" as well as templates for "Affidavits" ?

    Thanks in advance for help
    Aman A.
     
  2. divyesh101

    divyesh101 Member

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    I know ron is the best person to answer but this is what I know.

    1. The Unavailibility Ceritficate should be from the local authorities (may be Municipal corparation) where they were born.

    2. In support for that you should put an affidavit from the relative/Friend/neighbour (generaly older than your father and mother). The affidavit should contain the information that how that person knows your father and mother. Event that should contain how that person knows the fact stated in the affidavite (like he was present at your father/mother birth). The format of one affidavite for (Created for other purpose) is present at the following link of this forum.
    http://immigration-information.com/forums/showthread.php?t=2473


    If your parents were born in pakistan (perviously part of India and now not). Than I don't know how to get the certificate from the local authorities of the pakistan as you are india. Only Ron can give you right answer of that part of your question.
     
  3. aman

    aman Junior Member

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    Birth Certificate .. country issue

    Thank you so much Divyesh

    Ron .. could you please help with your advise. Your help is greatly appreciated.

    Thanks

    Aman.A
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Divyesh pretty much nailed it.
     
  5. aman

    aman Junior Member

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    Birth Certificate .. Still confused ...

    Ron .. Thanks for the reply ... But our issue is that my Father was born in pakistan (perviously part of India - when he was born - and now a separate country). And my parents live in India since partition- 1947 .

    Than I don't know how to get the certificate from the local authorities of the pakistan as my parents are in india.

    Can He instead give a sworn Affidavit that because of this reason "Non Availability Certificate" is also non available ??

    Any help is greatly appreciated ..
    -------------------------------------------

    Question2) Also for my mother ..In aaddition to Non Availability Certificate ..Can she give the sworn affidavit for her birth details (a friend told us this) or does she need to sworn affidavits from her elder relatives who were present when she was born ?

    Please advise..

    Once again thanks for your help in advance
    Aman. A
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Contact the Indian Embassy in Washington, DC and ask them for a letter affirming that the record you need is not available from the Indian government. The Department of State's Foreign Affairs Manual instructions concerning birth record affidavits read as follows:

     
  7. aman

    aman Junior Member

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    Ron .. Thank you so much .. You are the best ....:) ..

    Just one more question...In applications when we have to write my fathers information .. What should we write in "Country of Birth"

    1) India
    2) India (Now in Pakistan)
    ) Pakistan

    Please advise ...
    Thanks again ..
    Aman .A
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I would use the formal name of the country prior to partition, and then parenthetically comment that is is now part of Pakistan.
     
  9. aman

    aman Junior Member

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    Thanks so much

    Ron .. As always .. Thank you very much for your valuable advise

    Thanks again
    Aman
     
  10. aman

    aman Junior Member

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    Dear Ron ... I have contacted the Indian Embassy in Washington and was told that our local Indian Consulate should be able to provide me with this information . DO you see any any issue with getting this letter from Indian COnsulate or do you think that it has to be specifically issued from Indian Embassy ..

    Please advise

    Thanks so much
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, if the consulate will issue it, great. I assumed that the consulate would pass it off to the Embassy.
     
  12. aman

    aman Junior Member

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    Ron .. I contacted Indian Consulate in Chicago but basically was told that they do not have authority to give a letter saying "Non availibility certificate is not available from local indian government "(Just a reminder that this is for the case of parents where the place they were born was part of India when they were born but after partition in 1947 it is now a part of pakistan and hence either birth certificate or non availability certificate is not available)

    the only thing we were able to get from indian consulate was a letter /affidavit deposed by my parents stating the situation and explaining that in this case birth certificate or Non availability cert is not available from local indian government ..."which Indian consulate attested/notarized . But the notary seal clearly states that "No responsibility is accepted by this consulate general for the contents of this document"

    Please advise what are my options in this case ... ?
    They also provided us a Birth Certificate stating that xxx is the date and place of birth for YYY BASED ON THE PASSPORT information (which i am assuming is not good enough )

    Thanks for help as always .
     
  13. amanfor2003

    amanfor2003 New Member

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    hi Ron my mother applied for her 5 kids to come to the us she is a greencard holder uscis sent an rfe for evidence of a bonified mother child relation we need to submit two affidavits for each kid.my question is that one affidavit will be from family member aunt/uncle etc... can the second sworn affidavit be by mom her self who gave birth to the children and witnessed it please help me clarify as to wether she can use herself as on the person to give the sworn affidavit please advise thank you
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, that will work. If the USCIS gets stubborn, do DNA tests.
     
  15. amanfor2003

    amanfor2003 New Member

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    can they just say that they have witnessed the birth or they have to add some details in the affidavit of how and what lead them to being present at the time of birth
     

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