Secured an I-130: Birth Certificate Was Initially Considered Insufficient

Secured an I-130: Birth Certificate Was Initially Considered Insufficient

Immigration Desk successfully secured an I-130 for a client whose birth certificate was initially considered insufficient by the USCIS. We used legal analysis and solid documentation to prove the Beneficiary’s birth.


The Challenge

The USCIS requires birth certificates to prove a parent-child relationship for family-based immigration visas. The USCIS places more value on a birth certificate registered at the time of birth as opposed to birth certificates registered after birth. Here, the birth certificate was registered 50 years after the birth. The USCIS deemed the birth certificate as insufficient and demanded additional evidence.


The Solution

Our solution was two-folder. First, we argued that the birth certificate was, despite any supporting evidence, sufficient. To this end, we provided documentation confirming that the United States, through the U.S. State Department, officially recognizes and understands that for Indian nationals born before 1970, birth certificates were not registered at the time of their live birth, and as such, only delayed birth certificates are available. This official position applied in our case because the Beneficiary was born before or around that year.

We provided solid supporting, or secondary, evidence, too. We compiled documentation from the father and mother, like notarized and translated copies ration cards (official documents issued by state governments in India and which serve as a common form of identification), marriage certificate, permanent account number card (PAN card) (a card required in India to conduct high-value financial transactions and other financial-related activities), and affidavits from extended family members vouching for the details of the Beneficiary’s birth.

Client Testimonials

Very knowledgeable, honest, helpful, approachable and supportive immigration lawyer. She can confidently manage complex immigration issues like what I had.
A Client, January 15, 2015
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