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Date of Birth Mismatch between passport and Birth Certificate - 485 Filing

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  • Date of Birth Mismatch between passport and Birth Certificate - 485 Filing

    I have the same problem with date of birth discrepancy which I found very common but I couldn't find definitive answer on what to do. Hence creating this post as I need to file in this month (May 2022) only. My office attorney is not helping at all with clear instructions on what should I do. My birth certificate has real date of birth and all other documents including passport and USCIS documents have different date of birth. I did not know my birth was registered until when I requested for NABC.

    Now my dilemma is - should I use my DOB as in BC in 485 form and start the process to update passport DOB ? Or should I use the wrong DOB as in passport and wait for RFE issued, if any, as it does not match with BC ? In that RFE what would be my response ? Updated passport or just explanation on the discrepancy ? If I use the date as per birth certificate what other complication can arise with respect to 485, 131 and 765 applications ?

    I contacted Chicago consulate through email. But they replied that I need to change 10th Certificate which was used as proof of my 1st passport. But that's very difficult and long process. Not sure if I should check on getting a court order from India to update date of birth on passport.

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