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Birthdate in Birthcertificate doesnt match with birthdate on passport


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#1 mcmxcad

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Posted 19 July 2011 - 08:33 AM

I, recently, found out, my birth year in birth certificate is not in sync with what I have it on my passport. There is an error in my birth year. Rest of the information is correct, and matches with birth certificate.

My green card process is initiated, and all the information is based off of passport. My I -140 was approved recently. That's when I started preparing for the next stage, and I found out about mismatch of birth date in birth certificate and passport.

I was wondering if anybody has a similar case, who is making the necessary changes. I would like to change the birthdate in my passport, and correct all the other official documents like DL, SSN, etc.

Can anyone who has prior knowledge, would be able to suggest me steps to be taken, and how long approximately it will take to make the corrections?

Any help would be appreciated. Please feel free to direct to me an immigration attorney who has worked on a similar case.

Thanks in anticipation!

#2 IntrepidVoyager

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Posted 20 July 2011 - 08:30 AM

I'm stuck with a similar situation and am wondering how to handle this issue. I have heard that changing the DOB in your passport requires a court order which I think may not be that easy to obtain.
Are there any other options? I see that a lot of people on the forum have had a similar issue but I could not find a clear solution to this problem.

#3 mcmxcad

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Posted 21 July 2011 - 06:27 AM

So far I have heard the same that you need to get a court order to make the correction of birth date in your passport.

We are looking at at-least a year to get the correction done in India. I read in the forums, once the correction is done. It would be easier making changes over here relatively. Keeping my fingers crossed though.

Trying to find someone who has dealt with a scenario like this. So, that they can guide us based on their experience. I have been calling/emailing law offices, but no one is accepting they have worked on a case like this.

#4 IntrepidVoyager

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Posted 22 July 2011 - 07:27 AM

This actually seems to be a common case for applicants from India since many people use a different date of birth to get into school early. This DOB eventually shows up on the passport. I'm not sure what would be the outcome if one applies for the I-485 with this discrepancy. I read somewhere on the forum that the USCIS gives more importance to the date on the birth certificate. So, I would think that if the date on the BC is the correct one, the USCIS would issue the GC based on the date on the BC. I don't know if there is a risk of getting an RFE though. And even if the GC gets approved, you would still be stuck with two different DOBs (one on the PP & other on the GC). Only advantage is that you don't miss the visa date while it is current. And I think, eventually you would have to get your PP rectified to show the correct date.

These are just my thoughts. Hopefully, someone who has dealt with this will let us know what they did and what the result was.

#5 CSelva

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Posted 13 December 2011 - 08:44 PM

Please refer the link http://www.murthy.com/gco_faq.html#11

#6 dbr369

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Posted 28 December 2011 - 02:25 PM

I, recently, found out, my birth year in birth certificate is not in sync with what I have it on my passport. There is an error in my birth year. Rest of the information is correct, and matches with birth certificate.

My green card process is initiated, and all the information is based off of passport. My I -140 was approved recently. That's when I started preparing for the next stage, and I found out about mismatch of birth date in birth certificate and passport.

I was wondering if anybody has a similar case, who is making the necessary changes. I would like to change the birthdate in my passport, and correct all the other official documents like DL, SSN, etc.

Can anyone who has prior knowledge, would be able to suggest me steps to be taken, and how long approximately it will take to make the corrections?

Any help would be appreciated. Please feel free to direct to me an immigration attorney who has worked on a similar case.

Thanks in anticipation!


2 options
1. change the DOB in Passport, SSN, DL(USA/INDIA), Certificates(SSC/10th) or any other official documents
2. keep the Passport DOB as it is and get affidavits + Non availability certificates

option 1 is very very hard.

option 2 is very simple ( I am in exactly same situation and following this option).
you need 2 affidavits (one from parents other from relative with passport DOB) and a non availability certificate from muncipality for passport DOB

simple to get affidavits with passport date of birth and non availability certificate for the passport date of birth.

#7 nda050325

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Posted 29 December 2011 - 05:48 AM


2 options
1. change the DOB in Passport, SSN, DL(USA/INDIA), Certificates(SSC/10th) or any other official documents
2. keep the Passport DOB as it is and get affidavits + Non availability certificates

option 1 is very very hard.

option 2 is very simple ( I am in exactly same situation and following this option).
you need 2 affidavits (one from parents other from relative with passport DOB) and a non availability certificate from muncipality for passport DOB

simple to get affidavits with passport date of birth and non availability certificate for the passport date of birth.


In this case the OP already has a birth certificate. How can non-availability certificate be issued, after a birth certificate has already been given?

#8 rainbow555

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Posted 11 January 2012 - 11:11 PM

we recently found ourselves in this situation.

Date of Birth on My Husband's passport, other related documents (e.g visa) is different than his actual date of birth (Date of Birth on his Birth certificate).

As we have applied to Green card now, we are aware that date of birth on passport and birth certificate should match.

Should we apply for change of date of birth on his passport based on his original birth certificate (and subsequently other legal documents which is cumbersome)?

As he has original birth certificate with him , chances of getting non-availability certificate are less.

What did you do in this case.? We would greatly appreciate your guidance.

Thanks in advance.

#9 usa_pdf

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Posted 18 January 2012 - 12:34 PM

hello all,

I am in a similar situation.

Did any of you resolve your problem.

Changing the data of birth on passport - is this a viable option??

Thanks

#10 GC2k6PD

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Posted 06 February 2012 - 12:57 AM

Hi Rainbow555 and usa_pdf,

What did you find or eventually end up doing. Did you go ahead with DOB as in birth certificate or used the one in Passport ? please share your experience.

#11 pkjain4

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Posted 14 April 2012 - 12:26 AM

Guys,

Please share your experience what you did as I am in the same boat.

I have only 1 day difference on passport and BC (since born on 1 AM), so I didn't include BC (incorrect date) but attached the affidavit from parents confirming DOB.

Now got a RFE and they are asking DOB or certificate or unavailability.

I know changing a date in passport is a tedious job but please share what other option we can try.

Appreciate your help

#12 GC2k6PD

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Posted 23 May 2012 - 10:53 PM

I'm thinking going ahead with using the actual DOB as per birth certificate because USCIS treats birth certificate as original record of birth. Passport is only secondary evidence and if it has wrong date of birth, I guess it can be corrected later with Indian consulate. I imagine, fixing the date of birth on passport first would not be a prerequiste for GC approval... Thoughts?

#13 bonkers

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Posted 01 December 2012 - 01:13 AM

hi .. Please reply what did any of you do?
Non availability or something else?
Can anyone please post the complete experience?

#14 gkp971

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Posted 16 April 2013 - 11:57 AM

I was in similar situation.
I tried my luck - I took my BC and passport to Chicago consulate and luckily got my passport DOB corrected. As I learnt now - consulate can issue a corrected passport if your documents are convincing.
Applied for GC with correct DOB from BC.


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