Official municipal rejection letter issued under Section 17 of the Registration of Births and Deaths Act certifying that no birth record exists, mandatory for US Green Card (I-485) and Canada PR
The US Department of State Foreign Affairs Manual (FAM) strictly mandates that for Indian applicants born after April 1, 1970, secondary evidence (like 10th marksheet or parent affidavits) is unacceptable unless accompanied by an official NABC issued by the municipal registrar.
đĄ A Non-Availability of Birth Certificate (NABC) is an official government certificate issued under Section 17 of the Registration of Births and Deaths Act (Form 10). It explicitly states that the municipal authorities have thoroughly searched the birth registers for a specified person, year, and place, and found no record of the birth. For US immigration (USCIS) and Canadian PR, an NABC is mandatory before secondary evidence (such as parental affidavits and matriculation certificates) can be legally accepted.
Understanding the hierarchy of civil birth records in India.
| Document | Governing Section | What It Proves | Immigration Standing |
|---|---|---|---|
| Birth Certificate (Form 5) | Section 12 / 17 of RBD Act, 1969 | Conclusive primary proof of birth date, parents, and place | Highest primary evidence accepted worldwide |
| Non-Availability Certificate (Form 10) | Section 17 of RBD Act, 1969 | Official proof that birth record does NOT exist in government custody | Mandatory prerequisite to unlock secondary evidence |
| Delayed Birth Order Certificate | Section 13(3) of RBD Act, 1969 | Birth registered years after birth under Magistrate decree | Requires corroboration if registered >1 year after event |
7 to 21 working days after physical archival search of birth registers by the municipal record keeper.
Statutory search fee of âš20 to âš100 per year of search plus nominal application stamp charges (âš5ââš20) varying by state municipal bylaws.
Any individual born in India whose birth was not registered with the local registrar of births and deaths within the statutory period, or whose historical village/municipal register was lost or damaged.
Indian citizens whose births were never registered at the time of delivery (common for individuals born before 1989 or delivered in rural homes) who are applying for foreign permanent residency (USCIS Form I-485 adjustment of status, IRCC Canada PR, Australian immigration) or applying for late birth registration under a magistrate order.
Locate the Municipal Corporation, Municipality (Nagar Palika), or Gram Panchayat having territorial jurisdiction over the exact hospital or home where the birth took place.
Submit Form-10 request asking for a register search. Pay the prescribed search fee for the target birth year plus two buffer years (e.g., if born in 1982, search 1981, 1982, and 1983).
The registrar's office searches the bound historical physical ledgers (Bahi-Khata / Janam Register) of that ward/village for the relevant dates.
Upon confirming that no entry exists, the Chief Registrar or Health Officer prepares a formal Non-Availability Certificate stating: 'This is to certify that a search has been made on the request of [Name] and it has been verified that the birth of [Name], born to [Parents] on [Date] at [Place] is not registered'.
Receive the official signed and embossed certificate bearing the seal of the Registrar of Births and Deaths. For foreign immigration, preserve the original wet-ink document.
Under Section 13(3) of the RBD Act, if you wish to obtain an actual birth certificate after years of non-registration:
The NABC serves as mandatory documentary proof to the Magistrate that the birth was never registered.
File an application under Section 13(3) of the RBD Act before the local Executive Magistrate or SDM with the NABC, school proofs, and witness affidavits.
After police and local inquiry, the SDM passes an order directing the Municipal Registrar to enter the birth in current registers and issue an official Birth Certificate.
Several states and municipal corporations offer digital NABC processing:
Visit state portals such as MCD Delhi (mcdonline.nic.in), Aaple Sarkar Maharashtra, or e-District UP.
Choose the birth module, select 'Application for Non-Availability Certificate (Form 10)', and enter the date and hospital/home address.
Upload scanned copies of parents' ID, 10th marksheet, and notarized affidavit.
Once the municipal registrar completes the back-end verification, download the digitally signed certificate containing a verification QR code.
Overcoming typical bureaucratic bottlenecks at municipal records departments.
| Problem | Underlying Cause | Action to Take |
|---|---|---|
| Municipal office claims 'Records were destroyed in fire/flood' | Record Destruction Endorsement | Ask the registrar to issue the NABC explicitly mentioning that the register for that year was damaged or destroyed. USCIS explicitly accepts damaged ledger certificates. |
| Registrar refuses to issue Form 10, insists on late registration | Section 17 statutory entitlement | Section 17 states that any person is legally entitled to extract information or obtain a certificate of non-entry upon paying the search fee. Submit a formal RTI application if refused. |
| Home birth in rural village with no local municipal office | Gram Panchayat / Block Development Office (BDO) | The Village Administrative Officer (VAO), Panchayat Secretary, or District Health Officer functions as the rural registrar of births and deaths. |
| NABC spelling differs from passport | Name as stated in application | Request the registrar to mention 'Also Known As' (AKA) names or rectify the draft before final embossing and signature. |
Under US immigration law (8 CFR 204.1(f)(1)), an applicant must submit a contemporaneous primary birth certificate. If the birth was never registered, USCIS requires an official government rejection letter (NABC) proving that primary records are unavailable before they are legally permitted to evaluate secondary evidence like school records and affidavits.
Yes. If your birth occurred at home, the application must be submitted to the local Gram Panchayat Secretary, Block Development Office (BDO), or Taluk Tehsildar who maintains village birth ledgers under the state civil registration department.
Form 10 is the statutory format prescribed under Section 17 of the RBD Act, 1969 titled 'Non-Availability Certificate'. It officially certifies that a search was conducted across the birth registers of that municipal body and no entry was found.
No. An NABC does not expire because once a municipal record of birth is verified as non-existent for that historical period, the non-availability status remains permanent unless a subsequent court order registers the birth.
An NABC must be submitted alongside: (1) Two Sworn Affidavits of Birth executed by parents, relatives, or attending witnesses on stamp paper; (2) Class 10 Matriculation Certificate showing student's and parents' names; (3) Hospital or Baptism records (if available); and (4) Voter ID or Passport.
Statutory provisions governing search of birth and death registers and issuance of Non-Availability Certificates (Form 10).
Checked on November 4, 2026
View Reference Document âOfficial foreign visa evidentiary guidelines detailing mandatory requirement of NABC for Indian applicants.
Checked on November 4, 2026
View Reference Document âBirth registration under the RBD Act: 21-day rule, delayed registration after the 2026 amendment, child name addition and downloading the certificate from the CRS portal
Guide to creating affidavits for various purposes
Get your Class 10/12 marksheet in DigiLocker, order a duplicate from CBSE (DADS) or your State board, and correct name/DOB errors
Passport Seva online application, Tatkaal vs Normal rules, Non-ECR eligibility & appointment booking
Niwas Praman Patra / domicile certificate: validity, documents, State rules (UP, Delhi, Bihar, Maharashtra, Jharkhand) and how to apply online
Judicial permission order issued by an Executive Magistrate or Sub-Divisional Magistrate (SDM) under Section 13(3) of the RBD Act directing municipal registrars to register births older than one year
Official revenue certificate issued by the Tehsildar or SDM certifying individuals financially dependent on a government servant, deceased defense personnel, or family breadwinner for compassionate appointments and family pensions
Issued under Section 17 of the Registration of Births and Deaths (RBD) Act, 1969 and State Birth and Death Rules (prescribed Form No. 10). Available through municipal corporations, Nagar Palikas, and Gram Panchayats.
Civil Registration System (CRS) Portal â