Received NOID (Notice of Intent to Deny) - Should I do DNA test?

[gbp17 0]

4 minutes ago, aaron2020 said:

No.  You need to do what USCIS has instructed you to do.  They don't need a DNA test from you.  They need an official birth certificate with his name on it.

 

Stop think DNA test.  Start thinking getting a correct birth certificate.  

What if I can't get the birth certificate with his name on it? I guess two affidavits and secondary evidence is enough?

[Ahmed&Freda 628]

10 minutes ago, gbp17 said:

What if I can't get the birth certificate with his name on it? I guess two affidavits and secondary evidence is enough?

You need to follow the NOID and what it is asking, organize the evidence so its easy to follow and send in by the deadline.   Don't add anything in addition that they are not asking you for.

 

If you are unable to correct the birth certificate by the date is it possible to send them proof that you are in process of updating it?

 

School records that would list the child's age and parents names would be very helpful.  In addition to anything else they may have requested in the letter.   

[Nitas_man 3,100]

1 hour ago, gbp17 said:

Yes, India.

My son was named weeks later after birth. The birth certificate was issued at time of birth.

 

I am including his school records, insurance records, photos, passport pages that have parents names.

 

Should I do DNA test still without USCIS requesting it? 

Aren’t you supposed to get that document updated and filed or registered after your son is named?

Like within a year or birth?

Edited November 3, 2019 by Nitas_man

[aaron2020 11,651]

1 hour ago, gbp17 said:

What if I can't get the birth certificate with his name on it? I guess two affidavits and secondary evidence is enough?

You will need to prove that it's impossible for you to get a correct birth certificate.  You can't say getting a correct birth certificate would be inconvenient for you, but that it is impossible for you to get one.  

 

This is US immigration.  You need to do exactly what is necessary as directed by the US Government.  You can not do it whatever why you want.  You can provide whatever evidence you want, but failing to provide what the US Government wants got you a NOID.  If you don't correct the deficiency as instructed in the NOID, then you aren't going to get far.

Edited November 3, 2019 by aaron2020

[SusieQQQ 11,584]

17 minutes ago, Nitas_man said:

Aren’t you supposed to get that document updated and filed or registered after your son is named?

Like within a year or birth?

One would think... otherwise the implication  is that hundreds of millions of people don’t have named birth certificates.  The potential criminal scope for everything from human trafficking to immigration fraud would be massive as a result?

[NikLR 13,220]

Quote

Birth Certificates

Available: For persons born after April 1, 1970, birth certificates are available. For persons born prior to April 1, 1970, birth certificates are considered unavailable.

Fees:   Fees vary from each Municipal authority, or any office authorized to issue birth and death certificates by the Registrar of Births & Deaths.

Document Name: Birth Certificate

Issuing Authority: Municipal Authority, or any office authorized to issue birth and death certificates by the Registrar of Births & Deaths.

Special Seal(s) / Color / Format:  Varies substantially from state to state.

Issuing Authority Personnel Title: There is no issuing authority personnel title.

Registration Criteria: The registration criteria varies

Procedure for Obtaining: Procedures vary from each authority.

Certified Copies Available: There are no certified copies available.

Alternate Documents: If an individual is born after April 1, 1970 and is unable to obtain a birth certificate, the individual must obtain a certificate of non-availability from the local authorities with jurisdiction over their place of birth. In addition to a non-availability certificate, the following  documents can be accepted as secondary evidence:

• School-leaving Certificate (document provided to students when they cease attending a particular school, be it public or private),
• Matriculation Certificate,
• Certificate of Recognized Boards from the school last attended by the applicant (Boards are exams)
• A notarized affidavit executed by either a parent, if living, or another close relative older than the applicant.  This affidavit should clearly state the relationship between the deponent and the applicant, how well the deponent knows the applicant, the date and place of the applicant's birth, the names of both parents, and any other related facts. If the applicant has no living relatives that witnessed their birth, a self-attested affidavit detailing their knowledge of the facts of their birth may be accepted.

Exceptions: None

Comments: For all births after April 1, 1970. It is mandatory under the law (as per the Registration of Births & Deaths Act, 1969) to register every birth with the concerned state or union territory.

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/India.html

[Nitas_man 3,100]

2 hours ago, gbp17 said:

What if I can't get the birth certificate with his name on it? I guess two affidavits and secondary evidence is enough?

Except you can get it.  

You have two choices:  Secondary evidence PLUS an official document from the issuing authority back in sunny India officially stating that it is not possible to obtain an updated BC (or) provide an updated BC.

 

NOTHING else will satisfy the requirements.  Including DNA.
 

[Duke & Marie 1,389]

6 hours ago, Nitas_man said:

Except you can get it.  

You have two choices:  Secondary evidence PLUS an official document from the issuing authority back in sunny India officially stating that it is not possible to obtain an updated BC (or) provide an updated BC.

 

NOTHING else will satisfy the requirements.  Including DNA.
 

Has one choice if can get it and that’s to get it...

 

second choice only comes into play if the certificate is unable to be obtained... has he even attempted to get an amended certificate showing the child’s name? 

[vctrokoye 3]

My suggestion is that if DNA is the only evidence you have at the moment, then go for it. The result doesn't take much time. It's a matter of days. Just try to submit as much as you can. Nobody will display you for submitting more than enough evidence.

[vctrokoye 3]

Read the case in the following link. It's similar to yours. 

 

[gbp17 0]

Update: I couldn't get name added in time to send it by deadline. I sent in strong secondary evidence such as school records, affidavits etc. Also did DNA test (sent directly to USCIS from lab). Lab also sent me a copy it says 99.999999% probablity of paternity. So DNA report looks good.

 

Case status updated to RFE received. Now waiting.