RFIE Birth Certficate

[Reddys77 5]

Hello Everyone, 

 

I have received an RFE  which is attached below.

 

AOS filed In MAY

Biometrics Done June

RFE  on Date of birth or birth certificate. july

 

I dont have a birth certificate since i was born in india before 1989, it was not recorded. it was not mandatory to get a passport with a birth certificate people born before 1989 in india  so i never had to get one.  I have submitted my Passport copy as a proof for my date of birth ( also added a note on the copy of passport saying i dont have a birth certificate so i'm including my passport copy as proof). now they sent  me the RFE  asking for prrof.

 

can anyone please elaborate what they asking in the letter.  thank you

[JeanneAdil 6,554]

question what you used for proof of birth for the visa?

[Reddys77 5]

2 minutes ago, JeanneAdil said:

question what you used for proof of birth for the visa?

i used my passport and high school passing certificate

[arken 4,197]

6 minutes ago, JeanneAdil said:

question what you used for proof of birth for the visa?

Birth certificate isn’t required for student, work, or visitor visas.

Edited July 16, 2019 by arken

[JeanneAdil 6,554]

strange they want it now and didn't for the visa

but you must follow the instructions now and do as it says

they want a letter from India government saying why no birth certificate

[arken 4,197]

I suggest you provide the following:

1. No record statement from your hometown/municipality administration - Have them give you/your family back home a statement on their letter head saying no record of your birth is available.

2. Provide affidavit of births - one from your mother and one from your father (google for sample)

3. Apart from the passport if you have any other documents like academic certificates or any that mention you name, date of birth and name of any of your parents, provide that.

Edited July 16, 2019 by arken

[JeanneAdil 6,554]

2 minutes ago, arken said:

Birth certificate isn’t required for student, work, or visitor visas.

then to help this person , he should give more information and tell us type of visa 

too little info to go on only gets confusing as we try to pull info out of the OP

[arken 4,197]

Just now, JeanneAdil said:

then to help this person , he should give more information and tell us type of visa 

too little info to go on only gets confusing as we try to pull info out of the OP

No need of of what visa he used to enter as the question he is asking is not related to that. He is filing for AOS and the RFE is for birth certificate.

[Nitas_man 3,100]

3 minutes ago, arken said:

No need of of what visa he used to enter as the question he is asking is not related to that. He is filing for AOS and the RFE is for birth certificate.

The RFE is not for birth certificate.  The RFE is asking for something, anything, from the list of “secondary evidence” of birth.

[Nitas_man 3,100]

15 minutes ago, Reddys77 said:

i used my passport and high school passing certificate

You need to dig into family records and find something earlier that references name, family, and date of birth.

Ancient Sumerians wrote things down.  I’m sure something was written down in India before 1989.

[arken 4,197]

2 minutes ago, Nitas_man said:

The RFE is not for birth certificate.  The RFE is asking for something, anything, from the list of “secondary evidence” of birth.

I meant RFE is regarding birth certificate and i suggested OP what to submit.

[Reddys77 5]

OPT student but i was not asked to submit a birth certificate at the time of VISA 

 

25 minutes ago, Nitas_man said:

The RFE is not for birth certificate.  The RFE is asking for something, anything, from the list of “secondary evidence” of birth.

I have a 10th class memo which has my date of birth and one of my parent name on it. will that be enough ?

[Reddys77 5]

34 minutes ago, arken said:

I suggest you provide the following:

1. No record statement from your hometown/municipality administration - Have them give you/your family back home a statement on their letter head saying no record of your birth is available.

2. Provide affidavit of births - one from your mother and one from your father (google for sample)

3. Apart from the passport if you have any other documents like academic certificates or any that mention you name, date of birth and name of any of your parents, provide that.

Thank you! there is something similar to no record statement  its called Non Availability of Birth Certificate which will take more than a month to get it from indian government. i will try my best to get those and submit.

 

question  do the USCIS still work on my EAD/AP  while i have this RFE or do they not look into my  EAD/AP ?

[Nitas_man 3,100]

37 minutes ago, Reddys77 said:

OPT student but i was not asked to submit a birth certificate at the time of VISA 

 

I have a 10th class memo which has my date of birth and one of my parent name on it. will that be enough ?

Go through the list.  Ask family back in India to find everything they can remotely similar to the examples on the list, compile  them, and send them in.  Definitely attach any official school records you can find.  Is there anything like medical or hospital records available?  School, medical, religious, hospital, these are things that might meet “secondary evidence” requirement.

 

Non-availability of birth certificate is the first attachment I would suggest clipping to the top of the pile.  

Edited July 16, 2019 by Nitas_man

[Nitas_man 3,100]

28 minutes ago, Reddys77 said:

question  do the USCIS still work on my EAD/AP  while i have this RFE or do they not look into my  EAD/AP ?

I am not sure about this because right now your package is incomplete.  You are lucky to get an RFE - it will take a little bit of work but compile as many records from your childhood as possible and get them sent in.