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Immigration Issues/Birth certificate RFE



background: filed I-130+I-485 together on december 2004 (My wife is a US citizen). Me and my wife interviewed in person in Oct 2005. The officer looked at everything and said everything looks fine and approved I-130, but she said AOS is being held because of security check that was pending. She gave us a form (with her name on it) with a check mark on the item that says held due to security check.

Update: I received an RFE for birth cerfiticate 10 days ago, saying that the 2 affidavits I submited in lieu of birth certificate was not acceptable and I am only given 30 days to submit the document. What I noticed was that this RFE is from the same officer who interviewed us back in october 2005 and looked over all the documents! So shouldn't she have looked at the affidavits during/before our interview and said it was not acceptable without a nonavailability certificate? I do think she looked at all the papers and said it was ok. or is the birth certificate (or alternatives) only looked at after the security check? I am not sure whats going on here.

The place I was born is in India, but I have no contacts there who can help me get such a certificate, and it is practically impossible to get it by mail.

Even if I try to get it somehow, it will definitely take more than 30 days. Is it possible to at least get an extention of time? I would appreciate your thoughts on this. Can I just write a letter in response to the RFE asking for extention of time? or saying that nonavailability certificate or original birth certificate can not be obtained. what are the alternatives?

Thank you.

secondly, in case it is impossible to get such a letter, what are my alternatives?  

Dear Raj:
I agree that the issue should have been brought up at the time of the interview. However, the regulations require that you provide them with the non availability certificate if you are submitting affidavits.  

I would suggest that you contact the taluk or the district of your birth place ASAP and obtain either the birth certificate or a nonavailability certificate.

As for the time restraint, go to the district office and try to contact the officer concerned to provide you with more time. If you are unable to do this, try to retain a local attorney who can do it for you.

best of luck!

Ramasamy Krishnan
9801 Westheimer
Suite 302
Houston, TX 77042
Tel. 713-917-6797

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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