What to submit in case of no birth certificate

[neerajbagga]

My father who had retired as a Major from the Indian Army is here with me in the US these days. I have applied for his Green Card on my own. He was born in Shimla on Oct 1 1937 and does not have a Birth Certificate.

The Department of Homeland Security has sent a RFE. They are asking for a Birth Certificate or a) Original written statement on Government letterhead establishing that his birth certificate does not exist b) a statement from a living relative.

We are in the process of getting the affidavit / statement from his brother. But because we don't have anyone in India right now, we are not able to get a document from Municipal Corporation Shimla. We have already provide DHS copies of the following supporting documents, that have his date of birth

1. Passport

2. Indian Army retirement letter -- Issued by Army Head Quarters

3. Indian Driver License -- Issued by Govt of Punjab

4. PAN Certificate -- Issued by Income Tax Dept, Govt of India.

Do you feel suggest that I have to absolutely submit the Non existence of Birth certificate letter? Or I can just submit the affidavit from my Uncle (my father's elder brother) along with the above mentioned documents.

To me it seems silly that they disregarded all the other very very credible documents.

Can you please suggest what could be the next course of action.

[shellz977]

yes you have to submit non existence of birth certificate from local office who issues the birth certificates and affidavits of from two close relatives. I did it for my case as i didn't had birth certificate. It worked. No other document will work.

[pontevecchio]

Money talks? Unfortunate, but true. You do need somebody to take the lead.

[catx]

All the documents mentioned, while credible, are considered derivative based on other information. The USCIS requires original primary documents, such as a birth certificate for proof of country of origin and date of birth. If a birth certificate does not exist, then the USCIS requires a formal declaration of non-existence from the principal authority plus supporting affidavits.