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Subject: Re: Birth Certificate Posted on: Fri, 20 Oct 2006 17:30:08 -0500


> I am looking for some help from experts:
>
> I (citizen) sponsored father (86 year old currently in USA) for GC.
>
> Submitted as proof of his birth:
> 1) Affidavit from US Embassy for birth record as is in passport.
> 2) His self affidavit
>
> Got RFE asking for Birth Certificate. He is 86 years old. There is no
> way we
> can get one from India withing 90 days. Moreover at that time there
> was no
> registration of Birth in India. (1920's). Its impossible to that. Also
> we
> have no access to his College certificates etc.
>
> Any suggestions what to do? You think lawyers can help convince the
> immigration officials the situation? Any help will be appreciated.
>
> Thanks

Hi:

Take a look at:

http://travel.state.gov/visa/reciprocity/Country%20Folder/I/India.htm

The key thing that I see is the letter of unavailability -- you did NOT
list that.

See if there is any secondary evidence -- in the past, school records
were considered excellent. Also look for OTHER official certificates
issued subsequently which might have the information in them.

Did your father serve in the British/Indian army during World War II?
If so, does he have a discharge certificate?

For example, in 1991, I had a case which depended upon the birth of
grandfather in North Dakota in 1870 -- which was before births were
recorded there. However, he had married in North Dakota in 1896 and the
marriage certificate gave his age and place of birth. He later moved to
Canada and he fathered four children -- all four Canadian birth
certificates in the first two decades of the 20th Century listed the
date and place of birth of father of each child. One of the sons
[father of my client] had married in Candada in 1947 and his Canadian
marriage certficate related age and place of birth of the married
couple's parents. Also, father's Canadian Army records from World War
II had listed the date and place of birth of the soldier's father.

Although no birth certificate existed, we showed 50 years of other
official documentation showing the relevant date and place of birth.

Good luck.

--
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization
Posted via http://britishexpats.com

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