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mikeyw

i-485 Request for Initial Evidence - No Birth Certificate before 1970

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I applied for my parent's green card i-485. They have no birth certificate (born before 1970 and India is in the reciprocity schedule). We provided much secondary evidence (passport, aadhar cards, school certificates, baptism certificates) and did not say why there was no actual birth certificate because of the reciprocity clause we thought there was no need.

They received a Request for Initial Evidence for their long form birth certificates; if the birth certificates are not available, they "must submit acceptable secondary evidence AND a letter from the government or other authority ... indicating reason record does not exist, and whether similar records for the time and place are available." They are in the US with no travel document yet and cannot go back to Indian municipality. Why did they get a RFE? By mistake?  We have the reciprocity and already provided adequate secondary evidence.

They have a standard letter stamped by the Consulate General of India from the Indian Consulate in Chicago with only their date of birth & parents' names. "This birth certificate is being issued for obtaining Resident Permit". "Registration of Births was not compulsory before July 02, 1969. Hence, it is not always possible to obtain certificates in cases of birth that occurred prior".

Is this acceptable with appropriate secondary evidence / affidavit?  I feel like we are just resubmitting what we had before but now with a cover letter and a non-availability of birth certificate form.  

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