2nd RFE on adjustment of status

[GcJourney2020 0]

Hello,

 

I wanted to see if anyone here has been through this or something similar. My husband and i got married last year. I'm a us citizen and he's a Canadian citizen.  He's currently here on a TN visa under NAFTA. We applied for his greencard and gave them everything but they asked for his birth certificate again so we thought they didnt like the format of it and sent a bunch of school records verifying his dob. We also sent his departure school record from India that states his parents name with his but that was all considered secondary documentation and they sent us a second RFE for the birth certificate again. This time they included a printout from the state travel page and highlighted non-availability certificate.  I reached out to the indian consulate in sf and they've said they can only issue that with a copy of the indian passport however in my husbands case that was surrendered when he gained canadian citizenship.  Any advice would be greatly appreciated.  Thanks!

[Allaboutwaiting 2,503]

Just out of curiosity: did you submit the birth certificate again?

Sometimes the USCIS issues an RFE for documents that were already sent and applicants just send them again. 

When the document was received but does not meet the requirements, they are quite specific about it.

If they highlighted the non-availability certificate in this second RFE, it is possible that they do not have the one sent initially. 

Edited June 13, 2020 by Allaboutwaiting

[igoyougoduke 1,680]

2 hours ago, GcJourney2020 said:

Hello,

 

I wanted to see if anyone here has been through this or something similar. My husband and i got married last year. I'm a us citizen and he's a Canadian citizen.  He's currently here on a TN visa under NAFTA. We applied for his greencard and gave them everything but they asked for his birth certificate again so we thought they didnt like the format of it and sent a bunch of school records verifying his dob. We also sent his departure school record from India that states his parents name with his but that was all considered secondary documentation and they sent us a second RFE for the birth certificate again. This time they included a printout from the state travel page and highlighted non-availability certificate.  I reached out to the indian consulate in sf and they've said they can only issue that with a copy of the indian passport however in my husbands case that was surrendered when he gained canadian citizenship.  Any advice would be greatly appreciated.  Thanks!

They dont accept consulate letters. if birth certificate is not available than a non availability certificate must be issued by the municipal authority of the location. 

 

For India: 

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.

Edited June 13, 2020 by James120383