Birth Documents in Immigration Filings

[Attorney_23]

This week, Murthy Law Firm attorneys will answer questions regarding birth documents submitted with immigration filings.

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[Bven]

Dear Sir / Madam,

I have a question regarding birth information in my birth certificate.

The birth certificate only indicates 'Place of birth' and state in India. It doesnt mention the country. That is, there is no mention of 'India' in the certificate.

I want to understand if this will be a problem during the 485 process.

However, the 'Place of Birth' is the same in the birth certificate as well as the passport.

Thanks.

[Bven]

Dear Sir / Madam,

I have a question regarding birth information in my birth certificate.

The birth certificate only indicates 'Place of birth' and state in India. It doesn't mention the country. That is, there is no mention of 'India' in the certificate.

I want to understand if this will be a problem during the 485 process.

However, the 'Place of Birth' is the same in the birth certificate as well as the passport.

 

(This is duplicate post. The earlier post was made by me prior to sign-in to the forum)

Thanks.

 

 

 

[Srirangam79]

My date of birth in birth certificate is off by 2 months as compared to passport. The mismatch started in high school and continued to passport and visa stamps. The info in BC is correct. Is it ok to correct passport before submitting I485 with correct DOB? Should i140 filed years ago be also amended? 

[irarum]

I am unable to obtain "non-availability of birth certificate" from municipality/corporation due to year of birth and state bifurcation (Telangana/AP). And unreasonable rules. After spending time and energy for 2.5 years between several Indian govt offices, it looks unlikely to get this certificate.

However, I already obtained a lawyer affidavit establishing my birth with support of mother and other relatives/elders. Will this result if RFE or denial, based on your experience? What else could I do to improve success of my application.

[Attorney_22]

On 12/27/2018 at 10:04 PM, Bven said:

Dear Sir / Madam,

I have a question regarding birth information in my birth certificate.

The birth certificate only indicates 'Place of birth' and state in India. It doesnt mention the country. That is, there is no mention of 'India' in the certificate.

I want to understand if this will be a problem during the 485 process.

However, the 'Place of Birth' is the same in the birth certificate as well as the passport.

Thanks.

Generally, that alone is not going to be an issue. However, based on other factors you may need to provide additional secondary documentation.  

[Attorney_22]

On 12/27/2018 at 10:45 PM, Srirangam79 said:

My date of birth in birth certificate is off by 2 months as compared to passport. The mismatch started in high school and continued to passport and visa stamps. The info in BC is correct. Is it ok to correct passport before submitting I485 with correct DOB? Should i140 filed years ago be also amended? 

It is generally better to correct the passport prior to proceeding with the AOS filing. If you were born in India, contact your regional passport office to inquire about correcting the passport. Unfortunately, it may be more difficult then one would expect and you may need to pursue a court order to compel the regional passport office to act. 

[Attorney_22]

On 12/28/2018 at 6:08 PM, irarum said:

I am unable to obtain "non-availability of birth certificate" from municipality/corporation due to year of birth and state bifurcation (Telangana/AP). And unreasonable rules. After spending time and energy for 2.5 years between several Indian govt offices, it looks unlikely to get this certificate.

However, I already obtained a lawyer affidavit establishing my birth with support of mother and other relatives/elders. Will this result if RFE or denial, based on your experience? What else could I do to improve success of my application.

You may still receive an RFE, but you can attempt to avoid this by also including evidence of your attempts to obtain the non-availability certificate. Depending  on your personal circumstances, your lawyer may also be able to argue in your favor that you've met the requirements of the laws/regulations. 

[Bven]

5 minutes ago, Attorney_22 said:

Generally, that alone is not going to be an issue. However, based on other factors you may need to provide additional secondary documentation.  

Dear Sir / Madam,

Thankyou for your response.

While the Place of Birth is the same in the passport and the 485 form (the actual town of birth was provided), I had provided a different answer in the 765 form for Place of Birth (the city of birth was provided which is different from the town of birth). Can you kindly advise if this will be a problem during the 485 process. I had earlier received my EAD cum AP card and in it the Country of Birth is 'Unknown'. I am concerned if this will impact the 485 process.

Thanks for your advise,

L