Guestbook Entry for Francis King , United States
Name
Francis King
Country
United States
State
VA
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Community Conference Call, June 10, 2021. Presented by: Rajiv S. Khanna (Every Other Thursday)
Nonimmigrant Visas
Discussion Topics, Thursday, June 10, 2021:
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.
- I want to know is it required for her to submit birth certificate or a non-availability of birth certificate for I485?
- What are the options if these documents are not available?
- Does USCIS accept birth certificate from the Indian consulate in NY?
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.
22 July 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Green Card
Discussion Topics, Thursday, July 22, 2021:
Immigration for Abused Spouse
U.S. citizens (USC) and Lawful Permanent Residents (LPRs) may file immigrant visa petitions with the U.S. Citizenship and Immigration Services (USCIS) on behalf of a spouse or child, so that these family members may immigrate to or remain in the United States. Sadly, certain cases exist where U.S. citizens and LPRs misuse their control of this process to abuse their family members. Consequently, most battered immigrants are fearful to report the abuse to the police or other authorities out of fear of losing their immigration benefits.
Green Card
Spousal abuse
Question details
What can happen to the US citizen if a spousal abuse case is filed by an illegal immigrant?
The abusing spouse can go to prison.
USCIS Publishes Memo On Revocation of VAWA-Based Self-Petitions
This Policy Memorandum (PM) restates the Violence Against Women Act (VAWA) revocation policy.
Chicago USCIS Updates – 08/27/09
Department of Health and Human Services (HHS) proposed rule on the removal of HIV infection from its list of communicable diseases of public health significance - As of now with respect to the above proposed rule the Chicago Field Office has not received any guidance from HQ. Hence the office will not hold such applications in suspension until further notice.
Exception to the Two - Year Custody and Two - Year Residency Requirement for Abused Adopted Children
This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers in adjudicating Form I - 360, Petition for Amerasian, Widow(er) or Special Immigrant , filed by a self - petitioning adopted child, when the adopted child has been battered or abused.
Please click on the attachment to read more.
VAWA Reauthorization Bill, S. 47
As stated by The New York Times, the House on Thursday gave final approval to a renewal of the Violence Against Women Act, sending a bipartisan Senate measure to President Obama after a House plan endorsed by conservatives was defeated.
To read more on this news story click here
President Obama Signs the VAWA Bill
Yesterday, President Obama signed a bill that both strengthened and reauthorized the Violence Against Women Act (VAWA).
For more on this news visit this link
USCIS Releases Policy Memo On Timeframe to Respond to RFEs on Provisional Unlawful Presence Waiver Requests
Please check the attached document to read USCIS memo on timeframe to respond to RFEs on provisional unlawful presence waiver requests.
Exception to the Two Year Custody and Two Year Residency Requirement for Abused Adopted Children
This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers in adjudicating Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant, filed by a self-petitioning adopted child, when the adopted child has been battered or abused. Please click the attachment for more information on the memorandum
USCIS Policy Memo on Adjudicating Form I-360 for Abused Adopted Children
- USCIS memo on the adjudication of Form I-360 filed by a self-petitioning adopted child when the child has been abused by the adoptive parent, since the two-year legal custody and residency requirements for these individuals has been eliminated.
Birth certificate problems for parents
Question details
I applied I-130 for my father to get his GC through Consular processing. I'm a US citizen myself. However I got RFE asking for his birth certificate. I have these queries: The supplemental documents for I-130 for parents as per USCIS application only need US citizen's birth certificate and not the parent's birth certificate. So I don't understand why RFE was issued at this stage? My father was born in the time when the birth certificates were not available. As per the dept of state reciprocity website, it clearly states: "Exceptions: Birth certificates are not available to persons born prior to 1968. " Since it is acknowledged by reciprocity that birth certificates are not available, do I still need to provide NABC (Non-Availability of Birth Certificate)?
FAQ Transcript
Video Transcript
I would prefer you to get a non-availability certificate along with two affidavits from people who were alive when your parents were born. That is what I would recommend. If it is too cumbersome you could try to set up the reciprocity table as evidence if such documents are not available. FAQ in detail...
Note: 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.
Format for non-availability of birth certificate letter
Question details
I received an RFE for the delayed Birth Certificate Registration, since I would not be able to provide the original birth certificate from the birth year, what are the other options I can look into to receive the letter from the municipal authorities, is there any format I would need to get the letter from the municipal office.
There is no specific format for a non-availability certificate from the local administration. It can be a letter with the official stamp, a letter on their letterhead, or a specific form that the local administrations have created for their own use. You should get one.
Effect of typos on immigration documents
Question details
One of my friends has just completed a master's (F1 Visa) in Dec 2022 and has traveled to India (outside the USA). However, he hadn't noticed that the EAD card had incorrect DOB (date of birth). Would he have any issues while entering back to the USA? Will he have issues returning to the USA, how can he ensure that his DOB issue in EAD is sorted out?
FAQ Transcript
You could send in a request to the USCIS for correction of the typographical error by taking a screenshot. Attach it with the rest of the documents and now you have enough proof to show who you are. Also, typographical error depends upon who made the error and in which context it's being raised. Sometimes it is just an easy fix and complicated at times. Let your lawyers help you with that decision in this case. I think if you have a screenshot of a requested correction you should be fine.
Preparing for birth certificate issues in USCIS applications: Affidavits, DNA tests, and timing considerations
Question details
A general question on birth certificates for any case. If there are issues (like errors in names, spellings, etc.) and we know this upfront during/after the documents were submitted to USCIS, is it better to wait until the application is processed and an RFE is sent to us, or it is better to prepare affidavits from relatives (as secondary evidence) mentioning correct details of birth and keep it ready. The reason I am asking this is, sometimes getting affidavits in a short duration when the RFE is sent might not be feasible as relatives may not be available, maybe in different places, or may have even passed away.
Will USCIS accept affidavits by relatives prepared in the past, before the RFE was sent? Or is it only possible to prepare affidavits based on the specific questions raised in the RFE?
Also, how about a DNA test to prove relationships, can this be done and kept ready even if there is a likelihood of RFE in the future? Is this acceptable or should it be done only after an RFE is received for USCIS to accept the validity of this? This is again to save time, as there may not be sufficient time to get it ready during the RFE period, especially when applicants or beneficiaries live in different countries etc.
FAQ Transcript
It is better to address these issues proactively rather than waiting for a Request for Evidence (RFE). While it's advisable to be prepared in advance, if an RFE introduces new concerns, you'll need to address them. However, this doesn't imply that the affidavits you prepared several months earlier will suddenly become problematic. If the affidavits are relatively recent, say one or two years old, it wouldn't be a problem.
Consider this scenario: If you had a spelling name issue and obtained one or two affidavits explaining it, and then the RFE raises this issue along with another one, you can simply provide supplementary documentation. The documentation you've already provided doesn't lose its validity just because the government posed additional questions.
In our practice, we only resort to preparing for a DNA test if it becomes the last resort because it can be quite expensive. I'm not certain about the exact cost, but we typically wait until the government explicitly asks for it.
Centralized Intake Processing of VAWA Self-Petitions and Related Filings at the Nebraska Service Center
Release Date
Effective April 1, 2024, USCIS centralized the intake process of Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and related filings under the Violence Against Women Act (VAWA) for self-petitioning abused spouses, children, and parents at the Nebraska Service Center.
I am very much impressed with the professionalism of two of Mr Khanna's staffers. Shivane and Prerna were very patient and worked very hard to complete all the forms and putting the supporting documents together before filing with USCIS. I would certainly recommend this firm to others. Keep up the good work.