I-130 : Afghan Birth Certificate

[Zack202 5]

My spouse (petitioner) is an American Citizen and I am a British Citizen (beneficiary). We are living together in the UK Currently, and want to apply for the I-130 in order to immigrate to the US. I do not have a birth certificate.

I was born in Afghanistan and immigrated to the UK as an infant. There is no record of my birth in Afghanistan. No Birth or Hospital records. It says I was born in Afghanistan on my passport but that is it. I have reached out to the Afghan Embassy in UK and they told me they can provide Birth Certificate copies, but that I needed my Afghan ID card, which I never had since I was just born there. They told me that I can apply for the Afghan ID card at the Afghan Embassy, however they are not running this service due to the events that unfolded in Afghanistan. There is no date in which they will resume this service, and it has been months now since Afghanistan was overthrown by the Taliban. Now I am stuck with no means to get a birth certificate.

The department of state says the following about Birth certificates for Afghan Nationals:

Birth Certificates

Available:

        Not required for IV purposes, see Comments below

Fees: There are no fees.

Document Name: Kart Tawalod (Da Zokry Sanad)

Issuing Authority: Clinics and hospitals

Special Seal(s) / Color / Format: yellow card

Issuing Authority Personnel Title: administrative staff

Registration Criteria: Issued for children who were delivered at a registered clinic or hospital.

Procedure for Obtaining:  Parents must present their tazkeras (national identity documents) to the appropriate staff at the clinic or hospital where the child was born.

Certified Copies Available: Certified copies are available.

Alternate Documents: After issuance at the hospital, Kart Tawalods may be registered with the Ministry of Interior’s Population Registration Department and a record is also kept by the Ministry of Public Health.  The kart tawalod is not the primary means of establishing identity or citizenship in Afghanistan – rather it is considered as supplemental evidence of birth.  The tazkera (national identity document) is the principle document used in official settings for proof of identity, citizenship, and also used as a quasi-birth record.  All Afghan applicants applying for U.S. immigrant, special immigrant, or other such visas must present a tazkera, regardless of whether they also choose to submit a kart tawalod. 

Exceptions: None

Comments:  All Afghan citizens should be able to present a tazkera (national identity document) as proof of their identity and their birth place.  Kart tawalod may be considered as supplementary documentation but should not be utilized as primary evidence of date and/or place of birth or identity.  Please refer to the National ID section for information on tazkeras.

 

Does anyone have any advice for alternatives to beneficiary birth certificate for I-130?

My list of potential alternatives to a birth certificate:

1. A Detailed written explanation why Beneficiary is unable to obtain a birth certificate

2. A letter from the Afghan Embassy explaining why they are not running the services needed to obtain a Tazkera.

3. School and medical records from the UK showing my parents' names

4. Notarised Affidavits of Births from my parents and myself.

I don't have any hospital records, cencus or any other record from Afghanistan. The US State Dept website says that Birth Certificates from Afghanistan are "Not required for IV purposes" (Immigrant Visa?) I'm not sure what this means for me, and the evidence I have to provide. I assume they want the Tazkera.

Any help is much appreciated.

Sources:

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

https://citizenpath.com/faq/evidence-birth-green-card/

Edited July 3, 2022 by Zack202

[Boiler 43,659]

What documents were used when you immigrated to the UK? Do you have a passport?

[Family 3,542]

21 minutes ago, Zack202 said:

They told me that I can apply for the Afghan ID card at the Afghan Embassy, however they are not running this service due to the events that unfolded in Afghanistan. There is no date in which they will resume this service, and it has been months now since Afghanistan was overthrown by the Taliban. Now I am stuck with no means to get a birth certificate.

 

22 minutes ago, Zack202 said:

All Afghan applicants applying for U.S. immigrant, special immigrant, or other such visas must present a tazkera

I recommended filing the I-130 after you get a copy of your UK Citizenship/ Immigration File. That will contain documents accepted by UK to verify your Country of Birth. Looks like the UK equivalent to FOIA is FOI https://www.gov.uk/data-protection/find-out-what-data-an-organisation-has-about-you

 

Then argue exceptional circumstances if / when you get RFE , in that tazkera is not available to Afghans living outside the country …and I assume your family resettled in UK as refugees, thus in person travel to Afghanistan to obtain such , an impossibility.

 

 

[Zack202 5]

3 hours ago, Boiler said:

What documents were used when you immigrated to the UK? Do you have a passport?

Yes I have a British Passport. My parents had their Tazkera's at the time we immigrated which they used as evidence for my birth place also, since they didn't have any other documentation for me. However they no longer have these documents.

[Boiler 43,659]

So you do not have your Afghan passport, wonder if applying for that would help?

[Zack202 5]

2 hours ago, Boiler said:

So you do not have your Afghan passport, wonder if applying for that would help?

Thank you for trying to help, unfortunately I have never held an Afghan Passport. However my British passport does say that I was born in Afghanistan.

[pushbrk 12,201]

NVC and Consular Officers will rely on the fact a birth certificate is not required from Afghanistan, in immigrant visa cases.  

 

Birth Certificates

Available:

        Not required for IV purposes, see Comments below

[Boiler 43,659]

All Afghan applicants applying for U.S. immigrant, special immigrant, or other such visas must present a tazkera, regardless of whether they also choose to submit a kart tawalod. 

 

I think this is the issue

[pushbrk 12,201]

1 minute ago, Boiler said:

All Afghan applicants applying for U.S. immigrant, special immigrant, or other such visas must present a tazkera, regardless of whether they also choose to submit a kart tawalod. 

 

I think this is the issue

Yes, and so they may need a letter from the Afghan embassy in London confirming that service is not being offered now.  An explanation that they immigrated as an infant in 19XX to go with that, will probably work.

 

[Wuozopo 4,285]

@Zack202

 

The London embassy website says—

 

If your birth certificate is unavailable you should obtain a certified statement from the appropriate government authority stating the reason why the record is not available. With the certified statement you must obtain secondary evidence. For example:

• An affidavit from a close relative, preferably the applicant’s mother, stating the date and place of birth, both parent’s names, and the mother’s maiden name.
• An adoption decree for an adopted child; or
• A baptismal certificate that contains the date and place of birth and both parent’s names providing the baptism took place shortly after birth.

[Zack202 5]

On 7/4/2022 at 1:45 AM, pushbrk said:

Yes, and so they may need a letter from the Afghan embassy in London confirming that service is not being offered now.  An explanation that they immigrated as an infant in 19XX to go with that, will probably work.

 

 

On 7/4/2022 at 1:45 AM, pushbrk said:

Yes, and so they may need a letter from the Afghan embassy in London confirming that service is not being offered now.  An explanation that they immigrated as an infant in 19XX to go with that, will probably work.

 

Thank you. 

 

I managed to get a letter from the Afghan Embassy in the Netherlands. The letter states that Tazkera and Passport services are not available due to the recent developments in Afghanistan. The letter is dated, signed, and stamped along with the name of the counsellor who did so. It also mentioned my full name, date of birth and place of birth.

 

N.b.

I was unable to get this letter from the Afghan Embassy in the UK as they were not responding to any communication.

 

The letter does not mention that we immigrated in 19xx. Is this ok? Or can I include this in the letter of explanation?

 

In total I will have the following evidence:

 

- This letter from the Embassy confirming that Tazkera services are not available

- Letter of explanation why I do not have a birth certificate

- Letter from my School confirming my attendance in the UK for 5~ years, along with my parents' names

- School records: 2x Attendance letters showing my attendance for one year each in the UK, along with my parents' names

 

Do you think this is sufficient?

[pushbrk 12,201]

33 minutes ago, Zack202 said:

 

Thank you. 

 

I managed to get a letter from the Afghan Embassy in the Netherlands. The letter states that Tazkera and Passport services are not available due to the recent developments in Afghanistan. The letter is dated, signed, and stamped along with the name of the counsellor who did so. It also mentioned my full name, date of birth and place of birth.

 

N.b.

I was unable to get this letter from the Afghan Embassy in the UK as they were not responding to any communication.

 

The letter does not mention that we immigrated in 19xx. Is this ok? Or can I include this in the letter of explanation?

 

In total I will have the following evidence:

 

- This letter from the Embassy confirming that Tazkera services are not available

- Letter of explanation why I do not have a birth certificate

- Letter from my School confirming my attendance in the UK for 5~ years, along with my parents' names

- School records: 2x Attendance letters showing my attendance for one year each in the UK, along with my parents' names

 

Do you think this is sufficient?

Probably.  

 

[Family 3,542]

It’s perfect to file . Go for it.

 

AND Get a copy of your UK immigration file through link provided earlier . It will have your parents tazkera  and all relevant birth docs as accepted by UK, you should have in time to respond to an RFE ( IF one gets issued down the road). 
 

 

[maro23n 0]

Hi Zack!

I know this is over a year ago but my husband is in the same exact situation to a T!!! The afghan embassy in UK is complete rubbish. They are communicating with him however and he plans to get a letter too. Any advice you have? What things did you submit and how did your process go. I feel helpless at the moment because we’ve been staying separately due to my job here in the states and his job there. Any help and advice you learned in your process would make a worlds difference.