Birtch Certificate RFE I485 **URGENT HELP
Hello friends,
I have received RFE on my birth certificate for I-485. My birth certificate was provided to me by VDC from where i was born. It has my parents name, my name and place of birth. USCIS still issued RFE. What can be done now ? Birth certificate was issued in Nepali and i had it translated to English and notaraized from Lawyer in Nepal.
Any input would be highly appreciated.
I have attached a copy of my birth certificate that was provided to me from my VDC. Thanks.
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Last edited: 17-Aug-13 02:45 PM
Last edited: 17-Aug-13 02:45 PM
@US Returnee, did you submit a copy of your citizenship WITH its English translation done by the Nepalese government?
US Returnee Jee: You mentioned that you provided a english translation of the birth certificate . Can you post it over here as well? Becasue what it seems like is your birth certificate says "janma miti pramanit bare" that will litteraly translate into " Verification of Birth Date". Please, remember whoever is looking at these documents in USCIS they are specially looking for "Birth Certificate" in the documents. Could be if they overlooked if what your birth certificate heading contains.
Can you make sure your document contains the heading of "Birth Certificate" or "Certificate of Birth"?
Please, understand I am not an lawyer but I am providing my view.
Perrybhadra Jee..
I had the same thing in mind. The letter provided to me by VDC has subject as "janna miti pramanet baare"...
I asked them if there is any letter head that says "janma darta"... They said that's all they have..
But while translating my lawyer put subject as : "in relating to birth certification". So that was not an issue I think..
Yes, I too agree that USCIS officer might be looking for "Birth Certificate" or related words in the subject line. The officer might have thought that you did not send the birth certificate with the application and hence send you an RFE. We all are guessing here what might have happened. As I pointed out about RFE in my earlier post, USCIS might approve your application if you respond to the RFE with the same documents. The decision is yours and you have to bear all the risks and responsibilities, we are here, just to express our opinion.
The other solution you may have is: Call back home and get another certificate from VDC. Make them write "Janmamitiko Pramanpatra" or something similar. I don't think this will be a big deal, as you are just changing the words, not doing any fraud, all your info is already there. Get the English translation of the certificate. As you may be running out of time to respond to RFE, ask for a scanned copy from your family members, print and send them to USCIS. Remember, you need the original copy during the interview (if you are scheduled for). So, tell your relatives to send the originals with someone visiting US or mail them to you ASAP. Most of the VDC (however, it doesn't seem so in your case) these days have English letter pad. If so, you may get the certificate in English from the VDC itself.
I don't think it is a good idea to twist the words during the English translation. I don't understand why the lawyer was tempted to do that. Remember, you are sending the original and the translated copy together to USCIS.
Your case updates might be beneficial to other people, who are in the same boat as you are in. Please share, HERE, how you tackle this situation.
(IMPORTANT: I am NOT a lawyer. This is my personal opinion and should not be used as a legal advice)
- Jangali Maanab
@US RETURNEE. Like your's I had a same birth certificate. VDC translated into English and stamped/signature on their letter head. Without any problem my I-485 was approved.
As per my lawyer , it has to be approved by VDC not by bank /lawyer/.. esp third party.
If possible ask someone back in Nepal to translate into English and emailed you the copy.
If USCIS call for the interview you need to submit the original one oths copy will be sufficient.
Good luck !
Last edited: 19-Aug-13 01:33 PM
Last edited: 19-Aug-13 01:41 PM
nepaliz one,
Was your letter head in Nepali ?
So is it possible to type in english on nepali letter head ? please explain how you did it.
Thanks.
or, type it in english in a blank paper and have VDC stamp and sign on it ?
Thanks.
@US RETRUNEE .. letter head was English. They will take couple of hrs to translate ( if you give some $$ they will do it quick)
FYI VDC carries both English and Nepali letter heads. There shouldn't by any problem I guess.
Nepaliz one,
The frustrating part is, i don't think my VDC has a English letter head. Otherwise i would have done that long time ago. One of the most frustrating thing about these rural, undeveloped areas.
Not sure how to deal with it.
@ US Returnee: You didn't answer me to my question above, so I am asking the same question again?
"Did you submit a copy of your citizenship WITH its English translation from the Nepalese government."
This might sound irrelevant, but trust me, I know someone who had his I485 accepted with these two in lieu of BC.
Of course, I am NOT suggesting you do this now as an RFE elicits a greater level of scrutiny and the officer will want specific documents - you are in no position for a hit and trial run.
Remember, s/he has to answer his supervisor in the adjudication process and s/he needs to cover his/her base too. Those little two pieces of paper could have probably spared you some pain in the rear if they were included in the I485 packet at the first go. But I wanted to know the answer as that might be one little addition to the aromor for those who are reading this and want to apply in the coming days.
Haha I thought it said "bitch" certificate. I do know couple of bitches who deserve certificates.
Kailoketa,
I didn't include tranlated copy of my CItizenship. As many people said, Citizenship copy doesn't work for USCIS as a proof of Birth Certificate.
Where can i translate my citizenship details to English ?
I may include that as well while i respond to RFE.
Thanks.
@ us returnee:
There are professional/certified translators that you can find online who will translate for a fee. But I was talking about the one translated by the Government of Nepal, Ministry of Law, Justice and Parliamentary Affairs, Law Books Management Board.
Thanks for the reply.
i think it is no more done at kitabkhana but at "notary public" it was how when i was there in 2011.
Last edited: 19-Aug-13 05:53 PM
Just to Update on my case:
I was able to get new Birth Registration Certificate from my VDC. In fact, we do have "Birth Certificate" in Nepal not just a letter issued by VDC. Those who are getting approved with letter from Municipality or VDC got away with it luckily but getting an Original Birth Certificate doesn't hurt. It's written in Nepali and English. Looks pretty good.
Since it was registered late (two days ago in my case), VDC has written a letter saying that Nepal custom doesnot mandate you register your birth within a year of birth. Reporting of Birth is voluntary in Nepal. If birth is registered within 35 days it can be registered FREE and if you want to register later you'll have to pay nominal fee. That should be enough for USCIS.
Hope this helps to you.
Here's a sample:
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Last edited: 21-Aug-13 08:31 AM
US Returnee
Just send the same document, they are just checking to see if you are going to provide that or something different so just be consistent, because in many instances people get scared and send something different (Format wise) which makes them suspicious.. God Speed!
@US RETURNEE , great !!!
so they do have English verison ?? huh !! ;-)
Good luck !
Available. Reporting of births is voluntary, and records are not standardized. The best available evidence is a typewritten or handwritten letter with rubber seal issued by the secretary of a Village Development Committee (VDC) or mayor of a town where the applicant was born. If the child is born in a hospital, a hospital birth certificate can be issued upon request, but this document usually only records the date of birth, sex of the child, and the names of the child's parents; the name of the child may not be included. Effective April 13, 1977 the Government of Nepal required birth certificates to be issued from the Local Registrar office for the first time in ten districts of Nepal. The districts covered are Banke, Jhapa, Kathmandu, Kanchanpur, Kapilbastu, Mahottari, Morang, Rautahat, Saptari, and Sarlahi. This requirement was later extended to other districts: Bara, Dhanusha, Parsa and Sunsari on January 15, 1979; Siraha on February 13, 1979; Nawalparasi and Rupandehi on March 14, 1979; Bardia, Chitwan, Kailali, Kavrepalanchwok, Kaski, Makwanpur and Palpa on April 14, 1979; Bhaktapur, Lalitpur and Surkhet on February 13, 1980; Dang on March 14, 1980; Dhanding, Nuwakot and Tanahu on December 15, 1980; Dhankuta and Ilam on January 14, 1981; Jumla on March 14, 1981; Gorkha on October 17, 1981; Sindhuli and Udayapur on December 16, 1981; Syangja on January 14, 1982; Sindhupalchowk on February 12, 1982; Rasuwa on March 14, 1982; and eventually covering remaining districts Achham, Arghakhanchi, Baglung, Bajhang, Bajura, Baitadi Bhojpur, Dadeldhura, Dailekh, Darchula, Dolakha, Dolpa, Doti, Gulmi, Humla, Jajarkot, Kalikot, Khotang, Lamjung, Manang, Mugu, Mustang, Myagdi, Okhaldhunga, Panchthar, Parbat, Pyuthan, Ramechhap, Rolpa, Rukum, Salyan, Sankhuwasabha, Solukhumbu, Taplejung, and Terhathum on April 14, 1990. Births after the effective dates corresponding to the districts must be reported to the Local Registrar office in order to obtain a birth certificate. The certificate generally contains the parents' names, applicant's name, date and place of birth and the signature and stamp of the issuing official. The certificate is a printed form in which the birth information is handwritten. The birth evidence prior to these effective dates is usually documented by the VDC or a ward office of the locality by issuing a certification to that effect.
so you were born after April 13, 1977 in Kanchanpur then. In that case you neeed to provide birth certificate. I was born before the cut off date provided here for my district. So I am just going for letter from VDC.
US returnee, I had exactly same RFE... Send them affidavit from your parents with notarization. You can find sample online in many immigration websites like trackit.com. Most important thing is you describe why birth certificate is not available. Make one from your father n one from mother and send them along with other birth certificate. It worked for me... They approved the day they received the RFE. Good luck...
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