I130 denied for parents, suggestions on next steps

[cskimmi 0]

I applied I130 for my parents. Due to lack of evidence to prove parental relationship (birth certificate issued by chennai corporation during 1970s, was missing my name ), I130 was denied. I have got an updated birth certificate from chennai corporation now. So, can I use this updated birth certificate to re-apply a new I130?

That aside, my parents have visitor visa till 2025. Can they visit US given their current situation for 3 months?  Will there be any problem at the port of entry? FYI: They do intend to go back since they are not ready to come to US for another 18 months or so.

[pontevecchio 12]

If you are interested in sponsoring them, involve a lawyer. Did they not send you a letter asking for additional information? In addition to secondary evidence, they allow DNA testing.  

 

Edited October 18, 2019 by pontevecchio

[giri26 0]

I am very surprised that they would deny a petition without giving you an opportunity to provide additional information. Some information is missing in this for us to be able to provide any suggestions. 

@Noah Lott The problem is that that parents during that era in India did not care keeping a name for the child during birth which is the reason lots of the times the BC's were given without the name (Horrible by the corporations during that time) of the child and just the parents names. Nowadays it does not happen. 

Also I am very surprised how the OP was able to get GC without the name in the BC? What documentation evidence was provided when applying for the same? Like pontevecchio mentioned DNA test could have been done as well.

[ADP 0]

On 10/19/2019 at 11:15 AM, Noah Lott said:

no one on this site can provide a definitive answer....it will be up to USCIS/consulate to decide on the veracity of the sudden appearance of a new birth certificate out of nowhere....whose name was on the B/C? Hard to believe that somehow your name was 'forgotten.' I would expect a challenging set of interviews. 

Anyone can buy a document or certificate....so it will be up to you/parents to convince the CO/USCIS that this miraculous new one is bona fide. 

I have my doubts. 

Whatever else is going on should not affect the tourist visas of the two adults you claim are your parents. ....unless a highly focused CO puts their original application for the B2 visa under a microscope (I would).

Hi Noah, please don’t  assume this is fraudulent. It was very common to not name a child at birth given high rates of newborn mortality for centuries —children were formally named in a ceremony at ten days old. However once births started being registered in the last century this was of course done right at birth. Sometimes parents went back and updated the name afterwards but often they didn’t, hence the discrepancy. Nowadays custom and formality have aligned better and parents know to put the name on the certificate at birth though they still wait for ten days to do the formal religious ceremony. This is the case with my certificate: my mom is definitely my mom, there’s no fraud but there’s no name on it. I’ve been asked to provide additional evidence to prove the parent-child relationship. I’m surprised he wasn’t asked for that.