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Why Do You Need a Non Availability Certificate

Documents are the key factors to achieve positive results in any Immigration petition. Every Immigration petition the USCIS has specific instructions to submit a set of documents to support the Immigration Petition.

The petitioner is required to to prove the eligibility to the USCIS and the submission of ‘correct’ documents is the only way to prove that.

What if you don’t have the required document or documents ?

If a required document, such as a birth or marriage certificate, does not exist or cannot be obtained, an applicant or petitioner must ‘demonstrate’ this and submit secondary evidence. Secondary evidence must overcome the unavailability of primary evidence.

The following documents are NOT the birth certificate and can not be used as a Birth Certificate with USCIS. These documents can be used as the secondary evidences along with the  Non Availability Certificate.

  • Birth Certificate issued by the Embassy or Consulate
  • Matriculation Certificate or other educational document
  • Baptism Certificate
  • Hospital Record of Birth
  • Notarial Certificate of Birth

Demonstrating that a record is not available.

Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority…((CFR), 103.2(b)(2) )(ii))

The original written statement on government letterhead establishing this from the relevant government or other authority is the commonly known as the Non Availability Certificate. It can be Non Availability Certificate for birth or for Marriage.

What if you don’t submit he Non Availability Certificate

The non-existence or other unavailability of required evidence creates a presumption of ineligibility. (CFR), 103.2(b)(2) )(i) .

Which means, most likely the USCIS will deny your Immigration benefits if you don’t submit the Non Availability Certificate.

The USCIS will deny the Immigration Petition even if you submit the secondary evidences without submitting the Non Availability Certificate.

How to Get the Non Availability Certificate

The USCIS do NOT recognize the Non Availability Certificate or Birth Certificates issued by the consulates or embassies. You need to contact directly the concerned government authority to get the Non Availability Certificate.

The Non Availability of Birth Certificate must be issued from the place of birth and the Non Availability of Marriage  Certificate from the place of Marriage

You can also contact the Indian office of Allied Legal if you need any local help in India, Pakistan and Bangladesh.

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