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Birth Certificate not available

New York, NY |

Hi. We have recently submitted both I-485 and I-130 to get my wife's mother legalized in the US (she has been here for a few years on a guest visa). Today, we have received a letter from USCIS requesting a copy of her birth certificate. The problem is that she was born in 1936 and all her documents were lost during the war. She has a passport, but no papers that show her parents' names. Could you please recommend what options, if any, we have at this point? Thank you.

Attorney Answers 3

Posted

What country is she from?
You must follow the directions here. An attorney can help
http://travel.state.gov/visa/fees/fees_3272.html

www.immigrate2usa.com

Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 nfleischer@immigrate2usa.com Enjoy our Blog at http://immigrate2usa.blogspot.com/

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Asker

Posted

She's from Russia but has been in the US since 2008. Going to any authorities in Russia is not an option, that's why I am trying to figure out what I can do here in the US.

Posted

You can obtain a certificate of Non-Availability from the registry office in her country.

You will also need to submit secondary evidence such as
1. Affidavits from family member who was there at the time of birth.
2. Baptismal certificate that contains the date and place of birth and names of birth parents (or other religious documents).
3. School records confirming the date of birth.

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8 comments

Asker

Posted

Thank you for your response. None of these documents are available, and people that were around when she was born are no longer available to sign any papers. I know getting anything through the Embassy (she's already in the US) takes a long time, so I am looking for ways to get this done without having to contact them.

Asker

Posted

Thank you for your response. None of these documents are available, and people that were around when she was born are no longer available to sign any papers. I know getting anything through the Embassy (she's already in the US) takes a long time, so I am looking for ways to get this done without having to contact them.

Marc Damien Sean Taylor

Marc Damien Sean Taylor

Posted

Did you check the website that Neil referred to in his answer? Although you did not state the country, there are some countries (for instance) Somalia, where USCIS knows that there are no birth certificates available. Feel free to contact us - 888-645-6272 to discuss this.

Asker

Posted

Yes, I checked - she's from Russia and her documents were lost during the war. All local records from those times were destroyed as well and we don't have any means of getting in touch with the authorities over there.

Marc Damien Sean Taylor

Marc Damien Sean Taylor

Posted

According to the US Department of State, although some civil records were destroyed during World War II, local authorities generally will issue a certificate to that effect. You need to call the civil registry in the city where your mother-in-law was born. You should apply for it through the Bureau of Acts of Civil status (ZAGS). Good luck.

Asker

Posted

I have a follow-up question on this: the process of getting any paperwork out of Russia (or Belarus in my case) is going to take a while. CIS requires that the papers are submitted within 90 days from receipt of the letter. What happens if it takes us longer to get a response from the Russian authorities (which is likely will)? Do I have the option of contacting CIS and getting an extension? Thank you.

Marc Damien Sean Taylor

Marc Damien Sean Taylor

Posted

You should mail what you have at hand before the deadline expires. You should also send a letter requesting an extension of the time and a reason why. Does your RFE state that there will be no extension available? You should also contact a local congressman/Senator and see if they will be able to help you get an extension. Good luck.

Asker

Posted

It does not state anything about an extension, so I assume it should be available. I will reach out to the Senator as you suggest. Thank you.

Posted

I agree with my colleagues.

You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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