Birth Certificate FAQs

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Applying for Mother's Green Card and Birth Certificate Issues

Authored on: Mon, 06/14/2021 - 05:39

Question

I am planning to file green card (I130/I1485) for my mother. She was born in 1949 in India and does not have her birth certificate. Only identity with date of birth she has is her passport and Aadhar card. She has visited US couple of times.

  1. I want to know is it required for her to submit birth certificate or a non-availability of birth certificate for I485?
  2. What are the options if these documents are not available?
  3. Does USCIS accept birth certificate from the Indian consulate in NY?

Answer

Video URL

Birth certificate problems for parents

Authored on: Mon, 07/13/2020 - 11:25

Question

I applied I-130 for my father to get his GC through Consular processing. I'm a US citizen myself. However I got RFE asking for his birth certificate. I have these queries:
The supplemental documents for I-130 for parents as per USCIS application only need US citizen's birth certificate and not the parent's birth certificate. So I don't understand why RFE was issued at this stage?
My father was born in the time when the birth certificates were not available. As per the dept of state reciprocity website, it clearly states:
"Exceptions: Birth certificates are not available to persons born prior to 1968. "
Since it is acknowledged by reciprocity that birth certificates are not available, do I still need to provide NABC (Non-Availability of Birth Certificate)?

Answer

Watch the Video on this FAQ: Birth certificate problems for parents

Video Transcript

I would prefer you to get a  non-availability certificate along with two affidavits from people who were alive when your parents were born. That is what I would recommend. If it is too cumbersome you could try to set up the reciprocity table as evidence if such documents are not available. FAQ in detail...

 



Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.