RFIE for NABC (Non Availability of Birth Cert)

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  This topic has been discussed widely in several forums but there have been different response to this common issue. We filed for my mother-in-law's Green Card 3 months ago and since she does not have a Birth Certificate (Born 1950) we submitted her School leaving certificate and affidavits from her mom and uncle as secondary evidence. We just received an RFIE that even though the secondary evidence was submitted she still needs to provide an NABC. There is also mention in this letter that "An indication in the Foreign Affairs Manual that birth certificates are generally unavailable will be considered acceptable evidence that applicant's birth certificate is not available". I checked the Visa reciprocity/civil documents section and it lists the following for India. Based on the RFIE and the below reqs would it be safe to respond back to the RFIE that since she was born prior to 1970, that a BC is unavailable. Reached out to online agencies and they are asking for Rs 90,000 for a certificate that usually costs Rs 200. Any advice is helpful. Thanks


Birth Certificates

Available: For persons born after April 1, 1970, birth certificates are available. For persons born prior to April 1, 1970, birth certificates are considered unavailable.

Alternate Documents: If an individual is born after April 1, 1970 and is unable to obtain a birth certificate, the individual must obtain a certificate of non-availability from the local authorities with jurisdiction over their place of birth. In addition to a non-availability certificate, the following  documents can be accepted as secondary evidence:

  • School-leaving Certificate (document provided to students when they cease attending a particular school, be it public or private),
  • Matriculation Certificate,
  • Certificate of Recognized Boards from the school last attended by the applicant (Boards are exams)
  • A notarized affidavit executed by either a parent, if living, or another close relative older than the applicant.  This affidavit should clearly state the relationship between the deponent and the applicant, how well the deponent knows the applicant, the date and place of the applicant's birth, the names of both parents, and any other related facts. If the applicant has no living relatives that witnessed their birth, a self-attested affidavit detailing their knowledge of the facts of their birth may be accepted.
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