Tee Jay
Feb 4, 2022
RFE i130 I need Help
REQUEST FOR EVIDENCE IMPORTANT: THIS NOTICE CONTAINS YOUR UNIQUE NUMBER. THE ORIGINAL NOTICE MUST BE SUBMITTED WITH THE REQUESTED EVIDENCE.
LATE REGISTERED OR UNREGISTERED BIRTH CERTIFICATE In support of the claimed relationship, you submitted a copy of your birth certificate. However, the birth certificate is not sufficient for the following reason: It was registered approximately 21 years after the birth. In Matter of Rehman, 27 I&N Dec. 124 (BIA 2017), the Board of Immigration Appeals (the Board) addressed delay-registered births. The Board held that a late registered birth certificate might be sufficiently reliable proof of a parental relationship. The Board provided a non- exhaustive list of factors to consider when determining whether a late registered birth certificate is sufficiently reliable proof of the parent-child relationship. Even if a birth certificate does not reflect that its registration was contemporaneous with the birth, an adjudicator may conclude that it is sufficiently reliable to establish parentage, depending on the circumstances. In making this determination, the adjudicator should consider all relevant factors, including, but not limited to, (1) information in the FAM regarding the availability and reliability of birth registrations in the country of birth during the time period at issue; (2) the length of time between the birth and the registration; (3) any credible explanation proffered by the petitioner as to the personal, societal, or historical circumstances that prevented a particular birth certificate from being registered contemporaneously, and any evidence in support of that explanation; (4) any credible explanation for why a particular birth certificate was lost or destroyed; (5) any evidence that the parental relationship was independently corroborated prior to the registration of the birth; (6) the length of time between the birth registration and the filing of the visa petition; and (7) information regarding whether the document was based on facts that were contemporaneous with the birth or on facts that were more recently established. When considered along with the factors listed above and with all other evidence currently in the file, USCIS has determined that the birth certificate is insufficiently reliable and will be accorded minimal weight unless you provide additional evidence. Therefore, you must submit additional documentary evidence. SECONDARY EVIDENCE Submit the oldest available evidence that establishes that is the parent of . Submit as much evidence as possible. This evidence may include, but is not limited to: Medical records or health records Church records or religious documents Early school records Insurance records; Employment records; Financial records (tax returns) Census or tribal records; Government records or identification documents Any evidence submitted should include: The name of the child and the child’s parent(s); Dates (e.g. dates of the child’s birth, religious event, school attendance, hospital admittance, etc.); Stamp, seal, signature of issuing official, authorized personnel, etc. AFFIDAVITS (IF SECONDARY EVIDENCE IS NOT AVAILABLE) If none of the above secondary evidence is available, you must first establish that such evidence is not available by submitting evidence of non-existence. After doing so, tertiary evidence, such as affidavits, may be submitted. However, be aware that affidavits will only be accorded minimal weight unless they are accompanied by other independent and objective evidence that corroborates the affiants’ statements. Affidavits must: Be submitted by at least two individuals who are not parties to this petition and who have direct personal knowledge of your birth NOTE: USCIS will not consider a single statement signed by multiple individuals. Each person must submit his/her own affidavit attesting to their personal knowledge of the event. Include: The full name and address of the affiant; The date and place of birth of the affiant; The relationship between the affiant and parties to this petition; Full information regarding the event; for example, the date and place of a birth of the child (including both parent(s) names), the date and place of marriage, divorce, death, etc.; and Complete details concerning how the affiant acquired knowledge of the event.
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Hope kFeb 4, 2022
I applied F4 for my brother and got the same RFE. My lawyer submitted his school records with both parents name on it as well as the birth certificate in the native language with as explanation that it was converted 20 years later for immigration purposes and because USCIS requires the English version. That was it and a month later his I-130 was approved.
Tee JayFeb 5, 2022
thanks very much
Tee JayFeb 5, 2022
how long did your brother's process took?
Mohammed AhmedFeb 6, 2023
any issue with nvc.?
