Applying for parents green card - birth certificate not available

[meettheman]

I am a US citizen applying for my parent's green card. Unfortunately, both my parents do not have birth certificates. I searched in this forum and read that they can submit an affidavit by mother / father/ uncle / sibling, etc. in lieu of birth certificate. The problem i have is - as they are 70+ years old - they don't have anyone who is older than them and was present a the time of their birth. All the relatives, friends, neighbors who could have signed the birth affidavit have passed away. Hence, there is no person older than my parents who can sign the birth affidavit. What should I do in this case? My parents have PAN card from govt. of india and Indian passport. Would that be enough OR will the US govt ask for more documentation? And it if does, what documentation should I provide?

Any help will be highly appreciated.

Thanks.

Did you ever get this sorted out? I would really appricate if you can post a reply.

[priti108]

Hi, I am sailing in the same boat. Could you please help us on how you resolved.

[mani_2019]

I am trying couple of options
Our local indian embassy provides birth certificate based on the entry in the passport (if you search for "Miscellaneous services in Indian Consulate website") - this hopefully meets USCIS requirements

Also trying to get an notarized affidavit done by my mom's elder brother - just incase - as recommended by directions given by state department as described below

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/India.html

Birth Certificates

Available for births after April 1, 1970. Birth certificates are issued by the Municipal Authority or any office authorized to issue birth and death certificates by the Registrar of Births & Deaths. Under the Registration of Births and Deaths Act of 1969, births are required to be registered in almost all of the States and Union Territories of India. Prior to April 1, 1970, the reporting of births was voluntary.

If an individual born after April 1, 1970 is unable to obtain a birth certificate, a certificate of non-availability is generally available from local authorities...

In cases in which a birth certificate from authorities is unavailable or contains insufficient information regarding the birth or the parents, the following documents could be accepted as secondary evidence in lieu of the birth certificate:

• School-leaving certificate, Matriculation certificate or Certificate of Recognized Boards from the school last attended by the applicant; or, a baptismal certificate from a church.

OR

• If none of the above can be obtained; applicants may provide 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.

[mk1234]

Hi mani_2019,

Any update on your case? Can you please let me know how you proceed. I am too facing same issue. My father is born before 1950 and don't have Birth Certificate or NABC.

Thanks,
MK

[SG2020]

Non- Availability of Birth Certificate for Parents

Had a similar issue and read in all the forums that we need to obtain a 'Non- Availability of Birth Certificate' document from the relevant authorities in India. Sought help from agents located through web-search and realized that the rates being charged were exorbitant. Requested a relative to help and he was able to get it without spending a penny in about 2-3 months time. However, later when I went to the official website of the US State Dept. (http://travel.state.gov/contenthttps...ountry/IN.html) i discovered that NABC document is not really required for older people. They ask for secondary evidence and if you have your parents' school certificates that should help. Have a look at the website yourself and good luck!

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The website of the US State Dept. (http://travel.state.gov/contenthttps...ountry/IN.html) does not open in any browser . Has anybody could get it opened ? Pl. advice .

[roopa2020]

I have the same question. My mom is also born before 1970. I am currently trying to see if i can apply GC for her. Unfortunately she does not have her Matriculation certificate or birth certificate. Any one who had the same issues but was able to apply for a successful green card for parents, please help!!!!

[lkindia]

I am also having the same question. My parents were born before 1950 and do not have a birth certificate or ender sibling/uncles etc to give an affidavit. Any help?

[smajee]

I am in similar situation with my aged father. This is what I did,
- the school leaving certificate has birtdate, parents name and place of birth. Get it translated if required. Anybody can do that.
- Obtained a NABC cert and yes I paid exorbitant price for that as someboday correctly said. I really had no option during this covid time.
- Got two affadavits from relatives who are younger than him but vouched for it. It really matters on how they know,how are they related etc. If the letter says that I know XYZ all my life and has celebrates his/her birthday on numerous occassion that works I beilive. I am not a lawyear so check with your counsel.

All the best.

[abhishek2020]

Hello smajee, could you share which service did you use for getting the NABC in India. Also, do you mind sharing the language of the affidavit you used? Thanks much!