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Wrong Birth date on Passport

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  • Wrong Birth date on Passport

    Hi,

    I'll be applying for my dad's green card application (485 and 140). Everything is in place except for an issue with the date of birth mismatch on passport and Birth Certificate (BC). The BC has the actual/real date that is not used anywhere else at all. All Gov ID/passport/education/etc. have a different date. Here are my options I'm evaluating:

    1. Apply with the correct DOB as it appears in the BC. Mention an alternate DOB as it asks in the 485 application to list any alternate dates used as DOB. In this case, the Immigration Officer (IO) can raise an issue since the DOB on BC and passport don't match. Can he force us to get the DOB changed in the passport before he will process the application?



    2. Get the DOB changed on the passport so it's the same everywhere. However, this will take about 6m to get the case processed through Pakistan court hearings, etc. Once dates are same everywhere, then apply. The IO will still raise an RFE saying why you changed dates, etc...?



    3. Apply as is, and if they ask us to fix the passport DOB, then, we do it at that point. Not sure how much time is given for the RFE as it can take 6 months.



    Please advise

  • #2
    I think the easiest way is to have the passport changed. Start that process now and submit package with a photo copy of old passport. if challenged about it with a RFE state corrected passport has been requested and provide a receipt from the embassy. second option is to wait for updated passport and file. They may or may not catch the date difference right away but the sooner you apply for corrected Passport the better.
    4-18-18 PD
    4-29-18 Finger Print fee was received
    9-26-18 I-765 and I-131 Approved
    10-02-18 Card Was Delivered To Me By The Post Office (sent to Lawyer) Day 167
    10-03-18 Case is Ready to Be Scheduled for An Interview Day 168
    10-05-18 your case has been scheduled for a interview. Day 170
    11-13-18 Interview
    11-13-18 New card being produced
    11-15-18 I130 and I485 Approved
    11-20-18 Card Mailed

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