deepaunni Posted June 9, 2012 Report Share Posted June 9, 2012 Hi My employer is ready to sponsor my green card. I am having an issue with the birth certificate. I was born on 14 july 1982, In my school certificate and passport , the date of birth is 14-May-1982(School cut off month was June, so to save a year, it was entered 2 months earlier), and it looks like the Municipality Office has the record of my birth with actual birth date(14-July-1982). Hence they cannot provide a birth certificate as per the passport. I beleive this would be a problem in GC process. Can someone advise me how can I proceed with GC process? Link to comment
t75 Posted June 11, 2012 Report Share Posted June 11, 2012 Lies always come back to adversely affect you. The fact you could get a passport without providing an authentic birth certificate certainly make the passports from your country of birth to be worth of rigorous examination. You need an attorney as frauduant documents are a serious problem. You knowingly submitted false documents in order to obtain an H-1B visa and enter the US. Link to comment
deepaunni Posted June 12, 2012 Author Report Share Posted June 12, 2012 Hi I knowing didn't do anything.Still I don't have a birth certificate and when my first school admission was made, my guardians have given my birth date 2 months earlier than my actual and it have been following since then.So all my certificates have been in that date.I didn't think this will make things worse when I submitted my passport application. Now I don't have any proof of my actual birth certificate other than the authority says "no record is available for teh date in passport" Lies always come back to adversely affect you. The fact you could get a passport without providing an authentic birth certificate certainly make the passports from your country of birth to be worth of rigorous examination. You need an attorney as frauduant documents are a serious problem. You knowingly submitted false documents in order to obtain an H-1B visa and enter the US. Link to comment
pd189 Posted June 12, 2012 Report Share Posted June 12, 2012 That fact that a mistake happened does not necessarily mean OP should be punished. This is a common issue in the PAST due to lack of awareness in India. Deepaunni, First option you have is to correct the passport with evidence at Indian embassy closest to your location. Second option: 1. Request for BC in India with your current passport as evidence and they will say they don't have you in the system. 2. Get a letter of "non-availability of BC" from concerned authorities. 3. Get an affidavit from your parents attesting that you are their child. Templates can be fould .. just google. 4. Submit the letter and affidavit along with your 485/AOS application. You just started GC process. So you will have time to get this done. Link to comment
t75 Posted June 12, 2012 Report Share Posted June 12, 2012 No matter the reason, you now have a problem requiring the assistance of an attorney. Parents (in this case guardians) unnecessarily complicated US immigration processing. WHile you did not initially case the problem, you must deal with the consequences. In many countries your false date of birth on formal documents would be less of a problem.. Your best option is discuss the entire situation with an experienced Ii.e. expensive) attorney. Link to comment
deepaunni Posted June 13, 2012 Author Report Share Posted June 13, 2012 Hi Thank you for your reply.Last month itself, I did apply for BC for teh birth date in passport and they sent a letter back tio my parents saying that there is no record of my birth for that date. But this letter is in my local language. I am not sure whether they can provide a non availability certificate in english or not as they might be having my original birth record .So in this case what can I do? I can obtain an affidavit from my parents which is not a problem.I am only concerned of the non availability certificate. Also at what stage of GC process i am required to submit my BC? That fact that a mistake happened does not necessarily mean OP should be punished. This is a common issue in the PAST due to lack of awareness in India. Deepaunni, First option you have is to correct the passport with evidence at Indian embassy closest to your location. Second option: 1. Request for BC in India with your current passport as evidence and they will say they don't have you in the system. 2. Get a letter of "non-availability of BC" from concerned authorities. 3. Get an affidavit from your parents attesting that you are their child. Templates can be fould .. just google. 4. Submit the letter and affidavit along with your 485/AOS application. You just started GC process. So you will have time to get this done. Link to comment
pd189 Posted June 14, 2012 Report Share Posted June 14, 2012 There is no set format. As long as the letter that you already have does not imply that your current date of birth (as in PP) is wrong, you can use it. You can get it translated and notarize it. BC would be required at I485 filing stage. For your priority date to become current, you have more than a year (eb2). Another option is try and register it now.... considered late registration. Link to comment
deepaunni Posted June 15, 2012 Author Report Share Posted June 15, 2012 Hi If I consider the option to rregister now, will that be an easy process as my birth date was 30 years back? Do I need to go there personally and apply? I heard there will be lots of legal procedure for that.Please advise. There is no set format. As long as the letter that you already have does not imply that your current date of birth (as in PP) is wrong, you can use it. You can get it translated and notarize it. BC would be required at I485 filing stage. For your priority date to become current, you have more than a year (eb2). Another option is try and register it now.... considered late registration. Link to comment
pd189 Posted June 15, 2012 Report Share Posted June 15, 2012 Please follow non-avalability of birth certificate route and everything will be ok. Link to comment
deepaunni Posted June 23, 2012 Author Report Share Posted June 23, 2012 Hi I tried to apply for non availability birth certificate with the letter they sent to me saying there is no record for the date mentioned. They refused to provide me the non availability certificate saying that if they search 2-4 months before and after this date, there will be my record definitely.So they cannot give me a statement that it is not available. In this situation, I am ceratain that I cannot expect any positiv thing from the authority.So what are the options I have now? I don't think it will be easy to change my passport and school certificate to reflect my original birh date.Please let me know what I can do Link to comment
deepaunni Posted June 23, 2012 Author Report Share Posted June 23, 2012 I also read that The Birth Certificate is issued on the Consulate letterhead and on the basis of particulars of the applicant's valid Indian passport. Will this be applicable for Green card sponsorship? Link to comment
Vshob Posted March 11, 2014 Report Share Posted March 11, 2014 Hi I tried to apply for non availability birth certificate with the letter they sent to me saying there is no record for the date mentioned. They refused to provide me the non availability certificate saying that if they search 2-4 months before and after this date, there will be my record definitely.So they cannot give me a statement that it is not available. In this situation, I am ceratain that I cannot expect any positiv thing from the authority.So what are the options I have now? I don't think it will be easy to change my passport and school certificate to reflect my original birh date.Please let me know what I can do Can you let me know if you got the NABC finally? Did you proceed with processing and is it through now? Link to comment
Linz Posted June 25, 2015 Report Share Posted June 25, 2015 Hi, I also have the same problem. Can you please let me know if you find any solution? My husband is primary applicant and I am dependent, our perm is approved. But I have the same issue with birth certificate. Please help. Link to comment
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