Family-Based Green Cards

Applying for Mother's Green Card and Birth Certificate Issues

Question details

I am planning to file green card (I130/I1485) for my mother. She was born in 1949 in India and does not have her birth certificate. Only identity with date of birth she has is her passport and Aadhar card. She has visited US couple of times.

  1. I want to know is it required for her to submit birth certificate or a non-availability of birth certificate for I485?
  2. What are the options if these documents are not available?
  3. Does USCIS accept birth certificate from the Indian consulate in NY?
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FAQ Transcript

Go ahead and get a certificate of non-availability if possible, get a birth certificate from New York, get two affidavits from people who were alive when she was born and submit all of that together.

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Policy Memo on Handling Certain Family-Based Automatic Conversion and Priority Date Retention Requests Pending a Supreme Court Ruling

This policy memorandum (PM) provides guidance for properly assigning priority dates in those instances where a petitioner requests that the priority date from a separate, previously filed petition, be applied to a later filed family-based second-preference “B” petition (F2B) or seeks adjustment of status in the F2B category, based upon an originally-filed family-based second-preference “A” petition (F2A) pursuant to Public Law 107-208, the Child Status Protection Act (CSPA).

Consular Processing

Question details

What is consular processing?

The Immigration and Nationality Act (INA) offers an individual two primary paths to permanent resident status (a green card). An individual who is the beneficiary of an approved immigrant petition and has an immigrant visa number immediately available may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident.

Guestbook Entry for Igor, United States

Name
Igor
Country
United States
State
Virginia
Comment

Rajiv is indeed an extraordinary lawyer, great strategist and very nice human being. He and his great team helped our family to stay together and live where we belong to. Got ridiculous case: U.S. citizen's wife's green card was denied because of technicality. Appeal was denied too but Rajiv and his team managed to convince the Service that this case must be approved. Special thanks go to Rajiv, Mark and Bill who were much more than just lawyers, who put many hours, sometimes even on weekends, to win this case for us.