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Applying for I-485 without Non availability of Birth Certificate

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  • Applying for I-485 without Non availability of Birth Certificate

    I'd like to apply for I-485 for my mother. I don't have a Birth certificate for her. I do have a school leaving certificate but on that form only her first name is listed.

    Can I go ahead apply for I-485 with school leaving certificate and Affidavits for now? Will the application be rejected because I didn't provide all the required documents?

    Or will I receive a RFE for non-availability certificate?

    TIA!!

  • #2
    Which country is your mother currently a citizen of?
    Please check the Reciprocity table for the country to get more details about birth certificate/non availability requirement. For instance, for India, birth dates before 1970 do not require producing Non-Availability certificates, while 1970 and later do.

    it also describes what secondary evidence is acceptable.
    Affidavits are a good idea, and I’d also consider other government issued documents which list her date of birth, e.g. for India, these could be Aadhar card, PAN card, Driving License, etc.

    Hope this helps! Tell us how it went for you!
    USC filed AOS for parents on B2. I am not a lawyer.
    Timeline
    2020
    7/21 <— 2 sets of I-130/485/944/864/131/765/693 reached Chicago Lockbox
    8/4 <— Checks cashed
    8/5 <— I-797 SMS
    8/24 <— Biometrics completed
    10/19 <— I-485 ("New Card Is Being Produced")
    10/20 <— I-130 and I-485 ("Case Was Approved")
    10/22 <— I-130 and I-485 Approval notices received
    10/28 <— Green card#1 received
    11/07 <— Green card#2 received

    Comment


    • #3
      Also, you can try to obtain a statement or explanatory letter from your local consulate in the U.S.
      ________________________________________
      I-751 ROC
      Filing Location: Oklahoma
      Lockbox: Phoenix, AZ (USPS)
      Service Center: Texas
      03/09/2023: Filing Date
      03/10/2023: Receipt Date
      03/15/2023: Text Message Received w/ IOE receipt#
      03/17/2023: Personal Check Cashed
      03/20/2023: Biometrics Reuse Notice Received in Mail
      03/20/2023 Online Account Access Notice Received in Mail

      Comment


      • #4
        Hi ADP,
        Can you please update on how you were able to handle this? I have received an RFE asking for Non Availability of Birth Certificate plus 2 affidavits. Per the reciprocity schedule with India, it is not required for those born before 1970. Still I got the RFP. Any suggestions? I am born before 1969.

        Comment

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