One day difference in Birth Certificate

[Techee]

Hi All,

I am preparing things for 485, In India i was never asked for Birth Certificate (BC). But for 485 i have to get BC.

 

During this i found that in Pondicherry Government records my birth date has been registered one day prior to the date which i have kept in all my records (such as school/college certificate, passport, Driving license and so on).

Pondicherry government has rejected my application to correct birth certificate and they also rejected Non-Availability certificate.

I really dont know what do i need to do now.

If someone has similar experience, please share your experience and solution for the same.

Thanks in avance

Regards,

[pontevecchio]

They want the copy and not the original. If it is the usual Indian Govt. Paper, use your initiative or ask your lawyer for help.

[SoNearCitizen]

Take affidavits from both parents and a third person who was there at your birth attesting the true date of birth, explain that municipal BC has clerical error and also explain that in all other certificates like school you have used the correct DOB.  Since it is just one day, USCIS won't mind and will give you GC with the DOB you want. 

Another solution is to simply apply for 485 with your municipal BC. USCIS won't really care the DOB in all your other certs including passport. So let them use that DOB and change your DOB in your DL as well. This is actually a better option because it avoids future hassles in your citizenship app and social security benefits as well.

As for DOB in passport, take help of a local advocate practicing in high court to obtain a court order from high court judge ordering DOB to be changed in passport. 

Note that even if they don't change DOB in passport it's not a big deal. After 5 years, take us  citizenship with DOB as in municipal BC.

Good luck.

 

[pontevecchio]

Simply let a lawyer deal with it.

[SoNearCitizen]

Lawyers can't deal with it effectively as they don't know Indian laws..

[pontevecchio]

They do not have to know Indian Law. They have to know what ancillary proof has been accepted by the USCIS in similar cases in their experience. That one day makes a difference.

[SoNearCitizen]

I have talked to lawyers about this exact issue and there is NOTHING they can do about it. The questioner has only the above two choices. If lawyers are approached they will give the same advise. And I know from experience that they will work. 

[BPSSMG]

On 10/21/2016 at 2:09 PM, SoNearCitizen said:

I have talked to lawyers about this exact issue and there is NOTHING they can do about it. The questioner has only the above two choices. If lawyers are approached they will give the same advise. And I know from experience that they will work. 

 

On 10/7/2016 at 3:55 PM, Techee said:

Hi All,

I am preparing things for 485, In India i was never asked for Birth Certificate (BC). But for 485 i have to get BC.

 

During this i found that in Pondicherry Government records my birth date has been registered one day prior to the date which i have kept in all my records (such as school/college certificate, passport, Driving license and so on).

Pondicherry government has rejected my application to correct birth certificate and they also rejected Non-Availability certificate.

I really dont know what do i need to do now.

If someone has similar experience, please share your experience and solution for the same.

Thanks in avance

Regards,

Hi Techie:

How did you resolve your issue.Now, my question:

Pls tell what happened from the USCIS side, did they issue an RFE? Did they issue a NOID? Or did they understand the situation and approve GC?

Can anyone share their experiences how you finally got it resolved so it would help others. Even if the outcome was bad, please share so we know.

We have similar case for my spouse with few days difference and going through hell with consulate and passport folks while the dates are current for us.

Appreciate any help and advise you can share. 

We are  still pursuing the change of birth in passport with Indian officials, but they are extremely apathetic and no idea when it will even happen. 
 

For anyone posting and responding, many many thanks for sharing your experiences. If some of you had questions like others, I'm sure you appreciate how supportive and helpful your posts and responses are. God bless you all.