Applications were put under review because wife (petitioner) was born thru a midwife

[theImmigrantGuy 7]

So my wife (petitioner) USC been born thru a midwife. She has a birth certificate and a passport. She was born in the US. She renewed her passport 2 times before and never had a problem.

 

We had our interview today and the IO said that everything is fine but he can't approve it because they have to investigate my wife's citizenship because she was born thru a midwife and not a hospital. They are going to contact governments of her parents origin to make sure there is not a birth certificate for her there.

 

 

So, my question is -give the fact that she has a passport and have always had one- was what he did was the standard? 

 

Is that something serious?

 

Should we hire a lawyer to expedite the process?

 

Thank you. 

[geowrian 22,337]

Being born through a midwife is perfectly fine. I'm assuming the CO is just being extra careful because maybe he/she noticed something with the birth certificate so they need to verify it (or maybe the midwife falsified documents in the past? Who knows.). I wouldn't say it's typically for them to do so, but it is what it is.

 

The checks they do for a passport are much less stringent than they do for petitioning somebody with immigration.

 

An attorney cannot expediter the process. They may be able to provide reassurance and answer some questions, but nothing they do will make it go faster.

[theImmigrantGuy 7]

22 minutes ago, geowrian said:

maybe he/she noticed something with the birth certificate so they need to verify it (or maybe the midwife falsified documents in the past? Who knows.)

I actually just googled the midwife and this is him https://law.justia.com/cases/texas/thirteenth-court-of-appeals/2003/12714.html (basically suied by the State of TX for falsifying birth certificates) How ironic lol. Do you recommend a lawyer? Or there is nothing we can do about it? Thank you.

Edited August 27, 2018 by Morty92222

[geowrian 22,337]

3 minutes ago, Morty92222 said:

I actually just googled the midwife and this is him https://law.justia.com/cases/texas/thirteenth-court-of-appeals/2003/12714.html How ironic lol. Do you recommend a lawyer? Or there is nothing we can do about it? Thank you.

That might be the issue then...maybe they weren't licensed at the time? Or at the very least it's something they have to confirm to verify the BC. I don't think it would be a killing issue either way...if she was born in the US then it's just a documentation issued that would need to get cleaned up either way. Either way, you're just in hold while they verify the document's validity.

 

It might not be a bad idea to consult with an experience immigration attorney just to get a second set of eyes and so they are aware of the issue in the event the BC turns out to not be properly issued (idk the steps to fix that documentation, but as noted above if she was born in the US then she is a USC still).

[theImmigrantGuy 7]

How do we prove she was born here? The midwife was licensed but his wife used his name to falsify birth certificates that aren't born on US soil. 

 

So the ultimate question is, how to make sure that my wife doesnt have any problem regarding her birth certificate in the future? Can we get it certified by the Department of Homeland Security? Or is there a different way? If they send us an RFE asking as to prove she was born here?

[geowrian 22,337]

6 minutes ago, Morty92222 said:

How do we prove she was born here? The midwife was licensed but his wife used his name to falsify birth certificates that aren't born on US soil. 

 

So the ultimate question is, how to make sure that my wife doesnt have any problem regarding her birth certificate in the future? Can we get it certified by the Department of Homeland Security? Or is there a different way? If they send us an RFE asking as to prove she was born here?

Typically, when a BC is not available, other records can be used. This can be a combination of affidavits, school records, etc.

But this is typically on the beneficiary's side....I do not know what the process is or if it differs for a USC petitioner. That's probably where an attorney would be best utilized to provide guidance. The 221(g) (not an RFE at the embassy stage) should also list options.

There is a chance they would send the petition back to USCIS who would then request the documentation in form of a NOIR, although I'm a bit doubtful t think they would go through all that. This is basically a worst case scenario, not what I think will happen.

[theImmigrantGuy 7]

Thank you! I will seek legal counsel! 

[Ontarkie 14,280]

I think you're going to have to wait it out. Since your wife's parent's immigrated here they need to check to see if she was also born abroad. Sadly they picked a bad midwife who has a history. I don't think they will take any other documents from the US until they check the parent's birth country. 

 

[theImmigrantGuy 7]

On 8/27/2018 at 12:34 PM, Ontarkie said:

I think you're going to have to wait it out. Since your wife's parent's immigrated here they need to check to see if she was also born abroad. Sadly they picked a bad midwife who has a history. I don't think they will take any other documents from the US until they check the parent's birth country. 

 

Each was born in a different country. How long do you think it would take? Have you ever seen such a situation before?

Edited August 29, 2018 by Morty92222

[Ontarkie 14,280]

3 hours ago, Morty92222 said:

Each was born in a different country. How long do you think it would take? Have you ever seen such a situation before?

I have not seen this before.

 

How long it will take will depend on the country that they search. Some countries are easier to get information from then others.