Mothers green card - RFE(birth certificate)

[smahamkl]

Hi,

   I have applied for my mothers green card processing (130). Since I didnt have my birth certificate(initially) I have submitted a non-availability certificate from the local authority including a couple of affidavits from my relatives to ascertain our relationship. Recently I have received an RFE asking for secondary evidence to demonstrate the claimed relationship.

In the last couple of months, we were able to work with the local authorities and was able to obtain my birth certificate which is in fact the primary evidence to demonstrate my relationship with my mother. My question is that since I have initially submitted a non-availability certificate and now would be sending the birth certificate, would there be any possibility that USCIS would deny the application due to contradicting proof documents that were submitted. I would appreciate any suggestions any of you might have in this regard

 

thanks & appreciate

[pontevecchio]

Did the RFE Letter not mention that DNA testing would be acceptable?

[smahamkl]

Yes DNA testing is an option listed. How ever under the current pandemic situation and my mom's age, it would be difficult for her to visit to the consulate in Chennai to give the swab sample. So I have pursued the other option of getting my birth certificate

 

thanks

[sabita12]

I am interested in knowing what you ended up doing. 

For my mother's gc application, I had submitted my NAC from my own gc application (25 years ago - NAC did not have the letterhead paper at the time) and an affidavit from my parents for my birth (also from my own gc application). I received a RFE (it says submit a copy of the birth certificate issued by the appropriate civil authority for the petitioner listed on Form I-130) asking for a birth certificate and says in the absence can provide NAC and secondary evidence.  It does not state DNA test.

I understand now that affidavit from my mother (beneficiary) is not good enough.  I also wonder if they did not like the NAC from 25 years ago which does not have letterhead paper, or a proper seal of commissioner who signed the NAC.

I have hence got a letter from my high school principal, as well as an affidavit from an aunt and cousin.  I am also awaiting a new NAC (pending lockdown open) .  I hope that with the new NAC and the school letter, and affidavits from 2 relatives, it will be satisfactory.   For what it's worth, I also have a NAC from consulate explaining that prior to 1969 registration is not mandatory.  Do you think this will make the case for my relationship to my mother, the beneficiary?

Do you know why you got RFE if you had a proper NAC and affidavits from 2 relatives?  I am worried as those are exactly what I plan to submit in responding to the RFE.

Should I pre-emptively do the DNA test even though my RFE for initial evidence document does not list it?

Appreciate any advice.

Edited June 6, 2021 by sabita12
Clarification of my language