vASANTH VAIDYANATHAN ESQ.

This information for people who don't have their birth certificate for filing the 485 or if the name is missing in the birth certificate. Remember file with whatever you have and later you can respond to a query. But don't delay the filing because of lack of birth certificate. Enclose secondary evidence like Ration card (for Indians) and/or school leaving certificates and high school transcripts.

First, you need to get a "non-availability" certificate from the city municipal corporation you were born. If the municipality don't have a format then you can try to get this. 

Title:

Date:

From:

Municipal Corporation

City

State

Country

To whomsoever it may concern:

This is to state that we have searched our birth records and we do not show Mr. / Mrs. ___________’s birth was ever registered by her parents in our files.  We do not have any additional records of Mr / Mrs. ___________’s date of birth.

Signed:

_________________
Name:

Then you need to get affidavits from relatives. Additionally you are also advised to get affidavits from father and/or mother. 

 

Affidavit from relatives

·        Try to get one affidavit from one of your Uncle (Father's brother/Cousin brother OR Mother's brother/Cousin brother) and one affidavit from any one of your Aunt (Father's sister/cousin sister OR Mother's Sister / Cousin Sister).

·        You are requested to provide a Non Availability Certificate form the Municipal Corporation of your Birth Place.

This is the format of the affidavit:

                                     AFFIDAVIT FOR Mr. “PERSON”S NAME”

                                                                        ========

I   Mr./ Mrs. ______________________, being duly sworn, deposes and says:

1. I am the ___________________ (state the relationship) of Mr. “PERSON”S NAME” and presently reside at ___________________. I was born on _________.

2. I state unequivocally that  Mr. “PERSON”S NAME” was born on the _____ day of MONTH, YEAR in TOWN/CITY, State of_________, COUNTRY. His Father's name is Mr. __________

_______________and mother's name is Mrs. _________________.

3. I was present at the time of Mr. “PERSON”S NAME” birth.

4. Unfortunately, no official birth records were maintained at that time in our Municipality.

5. The contents of this affidavit are true and correct and based on my personal knowledge and belief.

Name

Sworn to before me this

___ day of ____ 2004

NOTARY/PUBLIC

Format for affidavit from parents

 

CITY OF _______                    )

                                                )

STATE OF ______                    )

We, [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name], hereby depose and say:

1.     Our full and complete address is [street address with apartment or house number, town/city, state, postal zip code].

2.     That I, [Father's First Name] [Father's Last Name] was born on [date] in the town/city of [city], [country].

3.     That I, [Mother's First Name] [Mother's Last Name] (Mother's Maiden Name: Mother's Maiden Name), was born on [date] in the town/city of [name of city], [country].

4.     We got married on [date of marriage] in the city of [name of city], [country].

5.     Child's First Name] [Child's Last Name] our daughter/ son, was born to us on the ________ (date) at Location ( So and so Hospital, CITY).

6.     This affidavit is being submitted because the official record of birth is not available concerning [Child's First Name] [Child's Last Name].

We declare under penalty of perjury, that the foregoing is a true and correct statement.

_________________________
[Father's First Name] [Father's Last Name] and signature

_________________________
[Mother's First Name] [Mother's Last Name] and signature