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Rajeev Tipnis Apr 25th 2002 1:36 am

Birth Certificates Unavailable
 
Birth Certificates Unavailable
We are in the process of filing I-485 for my mother-in-law.

She does not have a Birth Certificate. I understand that the following can be submitted instead:

1. An affidavit from two family members who were present at her time and place of birth (however, a few questions on this):
- does anyone have a sample format for this ?
- should there be a separate affidavit from each family member or one could be signed by both ?
- does this affidavit have to "notarized" ?


2. Secondly, I understand that one also needs a document from an official government body at the place of birth that can say that the birth certificate of the person is unavailable. Is this absolutely required ? Since my mother-in-law was born in SriNagar, in India, it is virtually impossible to go there given the political situation there.


Thanks in advance,

Rajeev

Sylvia Ottemoel Apr 25th 2002 8:30 pm

Re: Birth Certificates Unavailable
 
Rajeev Tipnis wrote:

    > Birth Certificates Unavailable We are in the process of filing I-485 for my
    > mother-in-law.
    >
    > She does not have a Birth Certificate. I understand that the following can be
    > submitted instead:
    >
    > 1. An affidavit from two family members who were present at her time and place of
    > birth (however, a few questions on this):
    > - does anyone have a sample format for this ?

Here is a sample affidavit:
___________

Statement of XXX YYY

I am a native and citizen of [country]. My address is ________.

I am the mother of CCC DDD, who was born on [date], in the city of [city],
[province], [country]. Her father is ZZZ YYY, to whom I was lawfully married at the
time of XXX YYY's birth.

To the best of my knowledge, a birth certificate is unavailable at this time.

I solemnly affirm that this statement is true and correct.

___________
signature

__________
date

    > - should there be a separate affidavit from each family member or one could be
    > signed by both ?

Separate affidavits.

    > - does this affidavit have to "notarized" ?

This is not required by law or regulation, but it is advisable.

    > 2. Secondly, I understand that one also needs a document from an official
    > government body at the place of birth that can say that the birth certificate of
    > the person is unavailable. Is this absolutely required ? Since my mother-in-law
    > was born in SriNagar, in India, it is virtually impossible to go there given the
    > political situation there.

A separate statement or statements should be included explaining why the required
document cannot be obtained from the authorities in that area. It would be helpful
for evidence to be attached, for example, copies of published articles about the
dangerous political situation in the area.


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