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srujanks

Different Place of Birth in Passport Vs Birth Certificate

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Hi All,

Anybody submitted 485 application to USCIS with different place of birth in the passport vs actual Birth Certificate? If I sumbit without correcting will there be an issue? I'm trying to use cross chargeblity from Iran, thats where I was born and have a valid Birth Certificate. Please help.

Thanks,

Srujanks

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There are certain circumstances where even if a person was born in a country, that country may not be their country of chargeability. Also, if an individual was born in an area that is now considered a country that may be different than that country that the area was considered at the time of their birth, the person is still chargeable to the current country.

Furthermore, consistency and accuracy are important components of a U.S. immigration application. I recommend that you contact a knowledgeable immigration attorney in regard to your case.

The Murthy Law Firm has a very well-regarded Greencard Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

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The USCIS does not really care what's in your passport. In fact, you don't need to submit the copy of the passport bio data to the USCIS with I-485 application. Birth Certificate is how they determine everything. You probably have very good chances of being considered under Iran chargeability, and it is not cross chargeability if you are the primary (cross chargeability means that the primary's application counts against the country of birth of the derivative).

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Hi All,

My attorney while filing 140 and 485 concurrently suggested that not to have medicals done while sending the 485 application saying due to passport error in country of birth if they don't accept my 485 application my medicals will go waste which means I will be lossing some amount of money for me and my spouse...my question is should I wait for the 485 application to get accepted and then send the medicals later on or should I go ahead and do the medicals and send them in one shot? As Belle has said I have a good chance of getting considered for chargeblity? Actually, its my wife passport which has this mistake...I'm the primary and Indian born...but my wife is in born in Iran and has a valid birth certificate. Please advise.

Thanks,

Srujanks

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If they look at the passport BIO page Vs the Birth Certificate which will have the discrepancy...and my attorney is planning on sending a letter to USCIS to let them know that the passport place of birth is a mistake and we are in the process of getting it corrected. In the mean time..my wife's parents are sending us the affidavits confirming her place of birth as Iran. So, is it fine to go ahead and do the medicals and send them one shot? Thanks for all your help. Please advise.

Thanks,

Srujanks

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I have exactly the same question, my wife is born in Saudi Arabia and I have her Birth certificate issued by Riyadh hospital but unfortunately her place of birth listed in the passport is India.

Now do I need to correct her Place of birth in the passport to take the advantage of cross chargeability or we can just apply I-485 using her Birth Certificate..please advise.

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"If they look at the passport BIO page Vs the Birth Certificate which will have the discrepancy..."

And who says she has to send her passport bio page? Certainly, not the USCIS. They don't care to see what's in her passport. All they care about is the birth certificate.

I think, either you are inventing your own issues, or your attorney is making them for you.

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Guys,

I am in a similar but not so exact situation. My wife was born in Riyadh and we have a certificate of entry of birth issued by Indian Embassy in Riyadh plus all the hospital records etc. but we do not have birth certificate (BC) issued by Saudi Arabia's (KSA) Labor or Interior Ministry. My questions is do we need the BC from KSA government or the one by Indian Embassy would suffice?

Thanks

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Belle, I am in a very similar boat. It will be really very helpfull to me if I can talk or communicate with you once. I will really appreciate your help. I have gone through so much hassle trying to get court order for passport correction and trying to communicate back and forth. Can you please help. I would like to consult with you. Also can the members in this forum(srujanks, Firasath, Ravi) please give me your experiences after filing i-485. I will be really greatfull . Thanks.

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Firasath, Srujanks and Ravi Can you please help by letting us know your experience with uscis. Any suggestions and help will be much appreciated. Thanks.

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hi,

My wife has spelling mistake in "place of birth". its just one letter. Instead of PURA  ( as per birth certificate ) it shows PUR ( in passport) . "A" is missing. Will this be a problem when i file I-485

 

please help. 

 

thanks

-

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On 9/24/2011 at 2:39 AM, srujanks said:

Hi All,

Anybody submitted 485 application to USCIS with different place of birth in the passport vs actual Birth Certificate? If I sumbit without correcting will there be an issue? I'm trying to use cross chargeblity from Iran, thats where I was born and have a valid Birth Certificate. Please help.

Thanks,

Srujanks

Similar situation. Passport has India place pf birth. Original BC is from Jordan. Nowadays, there is a rule saying the passport DOB and place of birth cannot be corrected after 5 years of issue date. Please advise.

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Hi Srujank,

Need your advise, what did you fill in ds160 for your wife is it iran or india for getting dependent visa . need urgent info appreciate if you reply

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Somehow people who are helped here NEVER come back and update others on the status..

as for the above question - i'm in the same situation with my wife being born in Nepal but India listed as place of birth. She's the derivative for my GC application - thinking she should go to India, get the new passport, US visa and then file I-485 using cross-chargeability.

Thoughts/help on that approach please?

Thank you!

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