我父亲在印尼出生。因为没有原始出生证,我们提交了Affidavit(是我父亲同学写的证明)。
-USCIS will not accept such personal affidavit.
七月底收到出生证的RFE。RFE要求提交written statement from Indonesia government which indicate the reason why birth certificate for my father is not obtainable.
RFE要求在87天之内提交。
因为我父亲离开印尼多年,我们不确定可以在87天内可以找到相关材料。
请问如果不能按时提交,在87天之内离境,是否有非法滞留的问题 (B1签证在七月底过期)?
-He does not need to leave US. His illegal stay (if any) will not affect his green card application. If his pending I-485 is denied due to his delay to respond to the RFE, he can file motion to reopen by providing the birth certificate. Of course, at the worst, he still can option to file a new I-485 again.
如果不能提交材料并在87天内离境,485会被拒绝。130是否可以继续有效?
-Yes.
如果130继续有效,在130批准后是否可以在国内申请移民签证获得绿卡?
-Yes. But it is not necessary (see above answer).
再有,对于出生证RFE,您有没有什么好的建议?
-Your father had better provide what the RFE asked. If you are unable to do it after you try your best, you may ask the local police department or family registration department which has your father residency registration to issue a letter, then go to the Notary Agency/Department to do the notarization just like may Chinese do for their green card application.
提前谢谢您的帮助!