Request for evidence I-130 Petition for Alien Relative

[meenakumari 1]

Hello everyone,

I am Meena and I am US citizen. I have filed I-130 for my brother who is currently in Nepal. After waiting for 5yrs, USCIS sent me a letter asking for request for evidence. The reason they asked for evidence is that me and my brother's date of birth is only six months apart from each other mistakenly(mine is exact but my brother's is less than what it supposed to be) . In Nepal, there is a trend that people usually decrease their DOB by some years which my brother did not realize at that time. Now, USCIS want me to prove why that happened. I am in dilemma that what kind for evidence do I need to submit USCIS so that they can be convinced. I was thinking about DNA test but they have said that DNA is only optional. Primary evidence was birth certificate. I am currently in Nepal with my brother.

Please, advice me that what kind of exact document(name of document) do I need to make from civil authority.

I appreciate your help.

Thanks

Meena

[NikeS 49]

Does he have 2 birth certificates: an original with his real date of birth and a 2nd one for other purposes with the reduced age? If the original exists and his immunization card as a child is available, you could use those 2 along with a sworn affidavit from your mom to explain the discrepancy. That is just a suggestion. There may be more solutions from people who have gone through this specifically. Someone may chime in soon.

[mayfield 23]

Well, just my own opinion, decreasing his age will be automatic reason to deny also its dangerous to you as it will appear you are trying to deceive them, when filling such things it is always best to tell the 100% truth.

I think your best option would be to get a lawyer and get legal advice, coming on here with this dilemma will just result in people accusing all sorts. So find a lawyer find out what his attorney client privileges are like and then explain to him. (Ask him if it is possible to state that their was a mistake in the date of birth in the initial form).

Best of luck

[JimmyHou 611]

There are lots of countries where birth records are not exact Especially for older people. At this point there are two things you can do that I can think of; you can either try to get a corrected birth certificate in Nepal and send it in reply to the RFE or you can send in a letter of explanation as well as any additional proof you can think of regarding your brothers birth. For example, if you can find a hospital record from when he was born or if you can get relatives to attest to the fact that his birth certificate date is incorrect. I honestly don't know if they will except either of these as proof, but I can't think what else you might be able to do.

I don't think there's any issue of deception or dishonesty here, as you have supplied the legal documents that they have requested. The fact that those legal documents are incorrect, needs to be pointed out at this point.

Your best bet, probably, will be to get a new birth certificate for your brother But I don't know if this is even possible in Nepal. However, you should also note that some people apply successfully without a birth certificate at all, because in many cases such a document does not exist. For example there was an applicant on here recently who posted that their original country of birth was Somalia and that there was no way for them to obtain a birth certificate. Other secondary proofs of birth are considered acceptable in such a case.

[jan22 3,056]

They suggested DNA testing, right? If so, although they cannot by law REQUIRE it, it is frequently the only evidence that will convince them. From a USCIS perspective, since the family changed dates for the official documents, even though it is in keeping with common customs, how can they now believe any documents that the family will prepare/submit? Although an added expense right now, it will remove all doubt for both USCIS and later for the vs a officer.