Q: No birth certificate for green card
Hope you're well - I'm contacting you regarding pro bono legal advice. I'm a US citizen and in the process of applying for my husband's spouse visa but currently hitting a roadblock with obtaining my husband's birth certificate from Nepal. He is an Indian citizen born in Nepal but he never received an official birth certificate. He only has a hospital record which does not suffice according to the reciprocity table. The reciprocity table says that birth certificates are available for Nepal but we've contacted the ward office with all the proper documentation and they are not willing to issue it to us. Since we cannot obtain his birth certificate even though the reciprocity table says we can, what should we do? FYI, there is no secondary (documentary) evidence listed for Nepal. The USCIS has approved all of our documents - this is the last one. We're both currently living in Bangkok but hoping to return to the US so I can be with my family. Thanks so much for your help.
A: In the event that your husband's birth certificate is unavailable, you have the option to obtain a certification from the government agency in his home country, stating the unavailability of your birth certificate from their records. Alternatively, you may need to acquire alternative records such as a baptismal certificate, school records, or written statements from relatives who can verify the details of your birth. However, this may complicate your case. What I would recommend in this case is hiring a local attorney in Nepal to obtain government certification or take judicial order concerning the birth.
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A:
I understand the challenges you are facing with obtaining your husband's birth certificate for the spouse visa application. In such situations, where it is not possible to obtain the required birth certificate, you may need to consider alternative options. You should consult with an experienced immigration attorney to explore potential solutions, such as submitting affidavits or other secondary evidence to support your husband's birth and identity. Additionally, you may need to provide a detailed explanation to USCIS regarding the unavailability of the birth certificate and the efforts made to obtain it. An attorney can guide you through this process and help present a strong case to USCIS.
Best regards,
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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