Request for Evidence related to Birth Certificate for China-Born Applicant


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Spouse applied for I-485 AOS on Dec 24, received EAD with AP in May 2019.

July 22- Received RFE regarding Birth Certificate. 

The document submitted was a Birth certificate issues by the city (along with english translation) which the USCIS has deemed to be a secondary evidence. They are demanding a Notarial certificate which is only issued in the local office in mainland china or get an official letter from mainland which says such record is unavailable for a specific reasons.

Here is the problem:

My spouse is china-born (1986) but was raised in Hong Kong since he was 1 year old. Basically his mother gave birth to him in mainland china (Kwelin) and moved back to Hong Kong to rejoin her husband (my spouses father). Websites mention that person requesting a notarial certificate (or record not found letter) must have a Hu Kou Bu (chinese national ID). Neither my spouse or his mother have Hu Kou Bu. My spouse never had one since he was raised in Hong Kong and his mothers was cancelled since she moved to Hong Kong.

Our question is - What is the secondary evidence, if any, that can be submitted?

We are desperately trying to find attorneys who have experience dealing with cases for chinese nationals.

 

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