RFE for birth certifcate of parent.

[elite]

Hi Ron,

I have filed I-130 and I-485 together for my mother. I got and RFE asking to submit the birth certificate. It is not clear if it is my birth certificate needed( to prove the relationship) or my mother's?

Here, I am assuming that its my mother's birth certifcate they are asking for. I am a US citizen already.

To my knowledge in case birth certificate is not avialable then submit two affidavits from relatives both older than tbe benficiery. I submitted two affidavits already and still got this RFE.

My mother is 65 and its impossible to get her birth certificate.

Any suggestions on what to do?

Thanks

[Ron Gotcher]

Where was your mother born? Also, what does the RFE say?

[elite]

My mother was born before the partition of India and Pakistan. She was born in the Pakistan side of then India.

Not sure how can I get the some govt. authority to write that record are not avalable. Out connection back home is almost none.

Is it possible that its my information they are asking about. Though letter in general is addressed to my mother.

Here are the contents of the RFE,

"Submit a copy of your birth certificate issued by appropriate civil authority. You must submit a copy of the foreign language birth certificate and a full complete English translation if birth certificate is not in English.

If the birth certificate is not available, per Title 8 Code of Federal Regulations, Section 103.2(b)(2)(ii), you must submit an original written statement on gevernment letterhead establishing this from the relevent govt. or other authority. The statement must indicate the reason the record doesn't exist, and indicate whether similar records for the time and place are available. If your birth certificate is not available, please submit acceptable secondary evidence including but not limited to chursh or school records listing your parents' names and your date of birth, hospital records orf your birth etc."


Attached is another page and I am just putting down the relevent part, saying

In cases where birth certificates from authorities are unavalible or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant may be submitted. It should set forth the relationship between the deponent and the applicant, how well the deponent knows applicant , date and place of applicant's birth, the names of both parents, and anyother related facts. Such an affidavit, when a bith certificate is unavailable, should be accompanied by a document from a competent govt. authority confirming that hte certificate doesn't exist, or no loger exist.


Thanks

[Ron Gotcher]

Write to the Embassy of Pakistan, in Washington and ask them to assist you with either getting your mother's birth record, or verifying that it is unavailable. Send the letter via certified mail, return receipt. Send a copy of the letter to the CIS, together with proof of delivery. Tell the CIS that while you don't think the government of Pakistan will be able to help you, sending the letter was the only thing that you could do. Of course, if you get a reply, send that to the CIS.

[elite]

Thanks a lot for your response. I will do as suggested.

[Dips]

Dear 'ELite'... Could you please advise what happened in your case ? Was this the sufficient information for INS ? My Parents have the similar case where the place there were born was a part of india before partition and now that area is in Pakistan .. Any guidance you give is greatly appreciated

Thanks