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Filed: Citizen (apr) Country: Pakistan
Timeline
Posted

Hi Friends,

 

I got RFE for my father's IR5 case for late registered Birth certificate. they are asking for evidence that establishes parent-child relationship.

has anyone gone through the similar experience? if so, what are the documents that were submitted to satisfy the ask?

 

They are looking for the following document. since Pakistan doesn't have established system to track any of the listed asks, it will be not easy to get any of the documents from 1986 (my birth year).

1.Religious documents

2.Early school records

3.Medical records

4.Census Records

5.Affidavits: Written statements sworn to or affirmed by two persons, other than yourself and the person for whom you are petitioning.

 

 

LATE REGISTERED BIRTH CERTIFICATE The birth certificate submitted on behalf of you was registered on July 12, 2012, 26 years after the actual event occurred. In Matter of Rehman, 27 I&N Dec. 124 (BIA 2017), the Board of Immigration Appeals (the Board) addressed delay-registered births. The Board held that a late registered birth certificate might be sufficiently reliable proof of a parental relationship. The Board provided a non-exhaustive list of factors to consider when making a determination.Even if a birth certificate does not reflect that its registration was contemporaneous with the birth, an adjudicator may conclude that it is sufficiently reliable to establish parentage,depending on the circumstances. In making this determination, the adjudicator should consider all relevant factors, including, but not limited to, (1) information in the FAM regarding the availability and reliability of birth registrations in the country of birth during the time period at issue; (2) the length of time between the birth and the registration; (3) any credible explanation proffered by the petitioner as to the personal, societal, or historical circumstances that prevented a particular birth certificate from being registered contemporaneously, and any evidence in support of that explanation; (4) any credible explanation for why a particular birth certificate was lost or destroyed; (5) any evidence that the parental relationship was independently corroborated prior to the registration of the birth;(6) the length of time between the birth registration and the filing of the visa petition; and (7)information regarding whether the document was based on facts that were contemporaneous with the birth or on facts that were more recently established. Matter of Rehman, 27 I & NDec. 124 (BIA 2017).

The documents submitted as evidence of a parent-child relationship were executed 26 years after the actual event occurred. When considered in light of the factors listed above and with all other evidence currently in the file, USCIS has determined that the birth certificate is insufficiently reliable and will be accorded little or no weight. Therefore, you must submit additional documentary evidence

 

 

Any help will be highly appreciated.

Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline
Posted
29 minutes ago, imijourney said:

Hi Friends,

 

I got RFE for my father's IR5 case for late registered Birth certificate. they are asking for evidence that establishes parent-child relationship.

has anyone gone through the similar experience? if so, what are the documents that were submitted to satisfy the ask?

 

They are looking for the following document. since Pakistan doesn't have established system to track any of the listed asks, it will be not easy to get any of the documents from 1986 (my birth year).

1.Religious documents

2.Early school records

3.Medical records

4.Census Records

5.Affidavits: Written statements sworn to or affirmed by two persons, other than yourself and the person for whom you are petitioning.

 

 

LATE REGISTERED BIRTH CERTIFICATE The birth certificate submitted on behalf of you was registered on July 12, 2012, 26 years after the actual event occurred. In Matter of Rehman, 27 I&N Dec. 124 (BIA 2017), the Board of Immigration Appeals (the Board) addressed delay-registered births. The Board held that a late registered birth certificate might be sufficiently reliable proof of a parental relationship. The Board provided a non-exhaustive list of factors to consider when making a determination.Even if a birth certificate does not reflect that its registration was contemporaneous with the birth, an adjudicator may conclude that it is sufficiently reliable to establish parentage,depending on the circumstances. In making this determination, the adjudicator should consider all relevant factors, including, but not limited to, (1) information in the FAM regarding the availability and reliability of birth registrations in the country of birth during the time period at issue; (2) the length of time between the birth and the registration; (3) any credible explanation proffered by the petitioner as to the personal, societal, or historical circumstances that prevented a particular birth certificate from being registered contemporaneously, and any evidence in support of that explanation; (4) any credible explanation for why a particular birth certificate was lost or destroyed; (5) any evidence that the parental relationship was independently corroborated prior to the registration of the birth;(6) the length of time between the birth registration and the filing of the visa petition; and (7)information regarding whether the document was based on facts that were contemporaneous with the birth or on facts that were more recently established. Matter of Rehman, 27 I & NDec. 124 (BIA 2017).

The documents submitted as evidence of a parent-child relationship were executed 26 years after the actual event occurred. When considered in light of the factors listed above and with all other evidence currently in the file, USCIS has determined that the birth certificate is insufficiently reliable and will be accorded little or no weight. Therefore, you must submit additional documentary evidence

 

 

Any help will be highly appreciated.

We never got an RFE but I have seen many others get one due to late birth registration.   My husbands birth was also late registered but I believe we didn't have any issues because I submitted school records, FRC and a copy of his grandfathers ration card (from after the separation).

 

I do not recommend the affidavits they mention in the list above unless you also submit some of the other documents as well.   I would not be confident that affidavits alone would suffice.   Hope that was helpful!

Posted (edited)

Just submit School records, two affidavits of relatives proving they know you and one residency letter signed by local MPA or Union counsel member stating that you and your father remained at the same address in past. That is what I did and it was approved. Good luck

Edited by sol_sol
Posted (edited)

The following will be helpful.  The older the document, the better.  In Pakistan, people seem to think that "new" is better, and that causes problems.  I am guessing you have a NADRA birth certificate that was late registered - you are not the first one to deal with this issue.  Usually people have an old birth certificate (KMC, Union Council, etc), but they make a new one because people think it is "better".  They then face the same issue you are facing. 

 

Does your NADRA birth certificate reference your old birth certificate?  There is a spot that says "OLD/M REG" and is supposed to reference your old format birth certificate.  If it does, then you can respond with the old format one, and write a letter saying that this is simply the new format one and that it references the old one.  At the same time, you need to also send items from the following list if you can get them.  Remember, old documents are better than new ones:

 

School leaving certificates (usually given when completing primary school)

Matric Certificate (probably the best, as this contains your name, father's name, and DOB, and is often used in place of a birth certificate in Pakistan)

Intermediate Certificate (also has father's name)

Mark sheets for matric, inter, etc.  All usually have your father's name

Old B-Form/CRC

NADRA FRC

Domicile and PRC certificates

University documents also often have one's father's name

 

 

Edited by pm5k
emphasis

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

  • 3 months later...
Filed: Country: Pakistan
Timeline
Posted
On 2/15/2021 at 10:24 AM, imijourney said:

Hi Friends,

 

I got RFE for my father's IR5 case for late registered Birth certificate. they are asking for evidence that establishes parent-child relationship.

has anyone gone through the similar experience? if so, what are the documents that were submitted to satisfy the ask?

 

They are looking for the following document. since Pakistan doesn't have established system to track any of the listed asks, it will be not easy to get any of the documents from 1986 (my birth year).

1.Religious documents

2.Early school records

3.Medical records

4.Census Records

5.Affidavits: Written statements sworn to or affirmed by two persons, other than yourself and the person for whom you are petitioning.

 

 

LATE REGISTERED BIRTH CERTIFICATE The birth certificate submitted on behalf of you was registered on July 12, 2012, 26 years after the actual event occurred. In Matter of Rehman, 27 I&N Dec. 124 (BIA 2017), the Board of Immigration Appeals (the Board) addressed delay-registered births. The Board held that a late registered birth certificate might be sufficiently reliable proof of a parental relationship. The Board provided a non-exhaustive list of factors to consider when making a determination.Even if a birth certificate does not reflect that its registration was contemporaneous with the birth, an adjudicator may conclude that it is sufficiently reliable to establish parentage,depending on the circumstances. In making this determination, the adjudicator should consider all relevant factors, including, but not limited to, (1) information in the FAM regarding the availability and reliability of birth registrations in the country of birth during the time period at issue; (2) the length of time between the birth and the registration; (3) any credible explanation proffered by the petitioner as to the personal, societal, or historical circumstances that prevented a particular birth certificate from being registered contemporaneously, and any evidence in support of that explanation; (4) any credible explanation for why a particular birth certificate was lost or destroyed; (5) any evidence that the parental relationship was independently corroborated prior to the registration of the birth;(6) the length of time between the birth registration and the filing of the visa petition; and (7)information regarding whether the document was based on facts that were contemporaneous with the birth or on facts that were more recently established. Matter of Rehman, 27 I & NDec. 124 (BIA 2017).

The documents submitted as evidence of a parent-child relationship were executed 26 years after the actual event occurred. When considered in light of the factors listed above and with all other evidence currently in the file, USCIS has determined that the birth certificate is insufficiently reliable and will be accorded little or no weight. Therefore, you must submit additional documentary evidence

 

 

Any help will be highly appreciated.

Hi. Can you provide some advice of what you sent and your experience regarding this matter? Would greatly appreciate it. 

 
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