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srujanks

Applying for 140 and 485 Concurrently

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Hi All,

I'm an Iranian born and have an indian passport as my parents moved to india when I was 5 but I do have the birth certificate from Iran with my parents work authorization etc...I have one small issue, in my passport I have my place of birth as my mother's home town. Will this really matter while applying for 140 and 485 as I'm trying to claim cross chargeblity of Iran for my GC. Is it possible at all to correct the indian passport with right place of birth? Can I submit my 140 and 485 without getting it corrected are the questions that come into my mind. Please let me know if this is possible or someone who has been in my shoes and had success at USCIS.

Thanks for your time in advance.

Srujanks

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"I do have the birth certificate from Iran "

USCIS recognizes only birth certificate for the place of birth.

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Hi,

Thanks for replying back. So, were you in similar situation like me as having different place of birth in the passport and having valid BC? Did you apply to USCIS without correcting the passport and were there any RFE's? Also please let me know if you were granted GC?

Thanks for your time in advance.

Srujanks

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"So, were you in similar situation like me "

Is this even a serious question? I mean, really, do you expect the world to be full of people who have different places of birth in different documents?

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You can go and correct your Indian passport. Correct that at an Indian Consulate before filing concurrently.

For Cross Chargeability - The Country of Birth matters and the Birth Certificate is the proof for that, but you documents need to be in sync, since during I-140 they only request passport copies and during 485 they request both.

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"but you documents need to be in sync"

Says who? A random person in a discussion board?

"since during I-140 they only request passport copies and during 485 they request both."

Who are "they", and is this intended to be a factual statement? 'Cause as far as I know the USCIS does not require passport copies for either I-140 or I-485 (I-485 application only need copies of the visa stamps, assuming you had one).

This whole thread is based on a bunch of assumptions, and as my very talented lawyer friend says, assumption is the mother of all . Who says the USCIS even cares about what's in your passport other than some evidence of legal entry? As I have mentioned, for the USCIS birth certificate is the primary evidence of your birth, and it tramps everything else. And then of course the assumption that the world is full of people with different countries of birth in different documents, and they all hang out in this conference just to share their expeirences with the poster....

[This message was edited by Admin on August 24, 2011 at 12:43 PM.]

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For now after everyone's inputs, I have come to conculsion that I will go ahead and submit my 140 and 485 with exisiting passport and valid BC from Iran and keep my fingers crossed. If I get any RFE hopefully not but happens will take it from there..Thanks folks for all your inputs.

Srujanks

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On 8/19/2011 at 6:30 AM, srujanks said:

Hi All,

I'm an Iranian born and have an indian passport as my parents moved to india when I was 5 but I do have the birth certificate from Iran with my parents work authorization etc...I have one small issue, in my passport I have my place of birth as my mother's home town. Will this really matter while applying for 140 and 485 as I'm trying to claim cross chargeblity of Iran for my GC. Is it possible at all to correct the indian passport with right place of birth? Can I submit my 140 and 485 without getting it corrected are the questions that come into my mind. Please let me know if this is possible or someone who has been in my shoes and had success at USCIS.

Thanks for your time in advance.

Srujanks

Hi Srujanks,

 

Can you please let me know what happened with your I140 and 485 ,  what you did with your passport and any RFEs on i140 or 485? and gc status ... I will be thankful if you reply me..

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You realize that this thread is 6 years old, do you?

The OP is most likely not around this board anymore.

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