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RFE for no birth certificate for Chinese abroad

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I am in the process of applying for GC for my parents through concurrent I130 + I485 filing. We received an RFE on my dad's I-485 requesting a non-availability certificate of his birth certificate. The problem is my dad was born in China back in the 1930s and moved to Hong Kong when he was a kid. Since he left such a long time ago, he doesn't have a birth certificate, hukou or Chinese ID card. He only has ID documents from Hong Kong. We were able to obtain a sworn affidavit of his birth from his cousin in China, but the RFE said that is only considered secondary evidence. Where can we get non-availability certificate in China? Since he is here in the US awaiting AOS, he is not able to leave the US to apply in person. We did submit I-131 for AP for him but I read that an RFE on I485 would essentially put processing of the AP on hold. Could I or a relative apply on his behalf? We only have 87 days to respond to the RFE and the clock is already ticking fast.

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I say call into USCIS, get an ISO, and go over this with an ISO.

DO NOT waste time with a CSR. Use a Telephone, ask for an ISO,

and go over this stuff.

Good Luck !

ps- he does have a HKG Passport, and a HKG ID card, so that's a plus.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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Thanks for the suggestion! I didn't think I could contact them directly for an RFE. I will give that a try.

WHAT HAPPENED? I am kind of in the same situation....HELP.


I'm Canadian on a TN and he's my American boy!

11/10/2009 - Started dating officially
08/24/2010 - Received TN-1 (expires 08/24/2011)
08/24/2011 - Renewed TN-1 (expires 05/06/2013)
12/17/2011 - Got engaged
11/10/2012 - Got married <3
01/10/2013 - Conducted last minute document check tongue.png
01/11/2013 - Documents submitted
01/14/2013 - Documents received by FBAS-USCIS @ Chicago Lockbox
01/17/2013 - NOA1 received. Application routed to NBC for processing
01/25/2013 - Biometrics scheduled (on February 14)
01/30/2013 - RFE received for Foreign Birth Certificate (sh*t)
03/10/2013 - Sent in response to RFE
04/03/2013 - AP approved
04/09/2013 - EAD approved
06/03/2013 - Interview scheduled!

06/03/2013 - AOS approved dancin5hr.gif

08/15/2013 - Green card received!

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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