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What You Need To Prepare For Filing An Aos Application

Discussion in 'General immigration questions' started by Ron Gotcher, Nov 10, 2014.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The panel physicians are instructed to not perform any procedures that are unnecessary.
     
  2. groot

    groot Member

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    Hi Ron,
    On checking the required documents for India, Birth certificate secondary evidence now include below apart from the notarized affidavits we have been discussing before. Is this something new? By this do they mean if we have missing details like name in birth certificate they will now accept school certificates?
    • School-leaving certificate, Matriculation certificate or Certificate of Recognized Boards from the school last attended by the applicant;
    OR

    • Baptismal certificate from a church.
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The complete entry on the State Department web site is:

    Birth Certificates
    Available for all births after April 1, 1970. Available for some births before April 1, 1970. Birth certificates are issued by the Municipal Authority or any office authorized to issue birth and death certificates by the Registrar of Births & Deaths. Under the Registration of Births and Deaths Act of 1969, births are required to be registered in almost all of the States and Union Territories of India. Birth certificates are available to any applicant born on or after April 1, 1970 upon payment of a nominal fee to the appropriate authority. Prior to April 1, 1970, the reporting of births was voluntary.

    When a birth certificate from the authorities is unavailable, a certificate of non-availability is generally available if the individual was born after April 1, 1970 and may be available if the individual was born before April 1, 1970. In cases where a birth certificate from the authorities is unavailable or contains insufficient information regarding the birth or the parents, the following documents could be accepted as secondary evidence in lieu of the birth certificate:

    • A notarized affidavit executed by either a parent, if living, or another close relative older than the applicant. This affidavit should clearly state the relationship between the deponent and the applicant, how well the deponent knows the applicant, the date and place of the applicant's birth, the names of both parents, and any other related facts;
    OR

    • School-leaving certificate, Matriculation certificate or Certificate of Recognized Boards from the school last attended by the applicant;
    OR

    • Baptismal certificate from a church.
     
  4. St Jude

    St Jude Member

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    Dear Ron,

    Thanks for the information which will help people prepare for the required docs. specially ones like Birth Certificate.
    My wife doesn't have a birth certificate, how ever the local Govt. office was able to issue a "Non-Availability Certificate". she also has her name, date of birth , place of birth and her parents name in her school certificate.

    Will this be sufficient ?
     
  5. SGeorge

    SGeorge Guru

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    Ron, here there is nothing mentioned about delayed registration.If the birth was not registered at that time and registered only recently , do we still need affidavits and secondary evidence? Or the birth certificate is valid irrespective of date of registration??
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you have a government issued birth record, that will be satisfactory.
     
  7. SGeorge

    SGeorge Guru

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    Thanks Ron!!
     
  8. ARam

    ARam Guru

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    Hello Ron,

    Thanks for all your efforts. In my case my spouse is the primary applicant(I have an approved I-140 from company A but switched jobs to company B.) My spouse's name lets say is Jane Doe. Her birth certificate says D.Jane as is customary in many parts of India. My birth certificate spells out my name correctly but my dad's name let's say is John Taylor Smith, my birth certificate says Johntaylor Smith for my dad's name. Do we each need affidavits for our birth certificates from our parents ?

    Thanks
    ARam
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Without seeing the documents I don't want to speculate. If a reasonable person would find that they are clear evidence as to your identity, don't worry about it. If the USCIS has an issue, they will send you an RFE and tell you what they want.
     
  10. speedracer

    speedracer Guru

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    Ron, not sure if you have answered this in the past.. but someone complained of redoing medicals to us, although as an employer we are paying but the doctor keeps charging the same amount regardless, the vaccinations are done once but the question is.. since Civil Surgeons are assigned by USCIS, shouldn't there be a framework or set charging fees for the services ? It should be the same across the board but its not.
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Fees are up to the doctors. That's why I urge my clients to shop around before the select one.
     
  12. Ratna Kumar

    Ratna Kumar New Member

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    Hi Ron,
    As a part of "keeping the documents ready for potential change", if we do not have our immunization records from birth, would it be ok for us taking immunization shots from our general physician right away, and start building an immunization record that we can then present to the civil surgeon at the time of our medical exam?

    The USCIS i693 instructions mentions something about :
    "Do not attempt to meet the requirements before you are evaluated by the civil surgeon, in case it is not medically appropriate for you to have one or more of the required vaccines".

    Not sure what USCIS means here. Are they telling me NOT to take vaccinations beforehand from my general physician whom I trust, and rather take it from a civil surgeon?!?!?
     
    Last edited: Apr 23, 2015
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Some vaccinations are only required during certain age ranges. If you go to a USCIS certified doctor, they will know.
     
  14. Ratna Kumar

    Ratna Kumar New Member

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    Thanks Ron. But as far as I understand, I can still go to my PCP and start building the immunization record, right ? He/She would also know about the vaccinations that are suitable for age. It doesn't HAVE to be a USCIS certified doctor, right?

    I only need a USCIS certified doc to sign the 693 form looking at my immunization record. I don't need one to administer my vaccines.
    Pls correct me if I'm wrong.
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, you are correct.
     
  16. Ratna Kumar

    Ratna Kumar New Member

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    Thanks..
    How about the medical exam and the TB skin test/Xray ? Can they be done beforehand with my PCP, and then approved by the USCIS certified doc?
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, those have to be done by a panel physician.
     
  18. speedracer

    speedracer Guru

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    =
    a few employees tried doing that but the Civil Surgeon took the test results , but he said they have to run the test as well for 693 certification. The only thing he suggested was vaccinations which is the most useful to do it in advance.. and keep the records handy.
     
  19. EADI140

    EADI140 New Member

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    Thanks Ron for starting this thread , I have a specific question as can I get married after filing my I 485, EAD , AOS and add my spouse to the I 485 before it gets approved( green card). you response is greatly appreciated.
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes you can. It is very important that you get married BEFORE your AOS is approved. If you get married after, he or she will have to immigrate as an F2A
     

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