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L2 Dependent Son - Impact of Date of Birth Change

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  • L2 Dependent Son - Impact of Date of Birth Change

    I entered US on L1B. When my L1B was about to expire, I went to India for renewal and I converted L1B to L1A which got approved in India.
    Then I entered US again on L1A. However, I got my wife and son's L2 renewal application in US (and not from India).
    Their L2 peitition got approved and whenever I will travel to India, I will get their passport stamped with VISA based on their approved L2 petition in US.
    However, my son's passport is due for renewal in Feb 2017 for which I am starting the process for re-issue of passport through Indian Consulate at New York; And I have a plan to correct his Date of Birth in the new passport. His current passport has year 2009 which i will correct to 2008.
    My Question is - If I get his renewed passport which has 2008 year of birth, that will not match with year of birth 2009 which is in his L2 Petition (I-797). Will this mismatch cause any issue when I go to India for his VISA stamping?
    Do I need to file a new L2 petition with his new passport? OR Just show old and new both passports during stamping in India?
    Please help.
    <Anything I post on this website is a personal opinion or information from personal experience. This should not be treated as a legal advice.>
    PD: 31-May-2017
    Category : EB1C
    Concurrent Filing
    Status: Pending

  • #2
    Originally posted by vekram View Post
    I entered US on L1B. When my L1B was about to expire, I went to India for renewal and I converted L1B to L1A which got approved in India.
    Then I entered US again on L1A. However, I got my wife and son's L2 renewal application in US (and not from India).
    Their L2 peitition got approved and whenever I will travel to India, I will get their passport stamped with VISA based on their approved L2 petition in US.
    However, my son's passport is due for renewal in Feb 2017 for which I am starting the process for re-issue of passport through Indian Consulate at New York; And I have a plan to correct his Date of Birth in the new passport. His current passport has year 2009 which i will correct to 2008.
    My Question is - If I get his renewed passport which has 2008 year of birth, that will not match with year of birth 2009 which is in his L2 Petition (I-797). Will this mismatch cause any issue when I go to India for his VISA stamping?
    Do I need to file a new L2 petition with his new passport? OR Just show old and new both passports during stamping in India?
    Please help.
    Why the discrepancy in the DOB? Didn't you show a birth certificate to get prior passport? Also you would need to furnish the new birth certificate too.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Why the discrepancy in the DOB? Didn't you show a birth certificate to get prior passport? Also you would need to furnish the new birth certificate too.

      This is my opinion not legal advice.

      Thanks Raghvi for reply.
      I was living at Noida and his passport was issued from Lucknow (Where my parents reside). So, all the formalities were done by my father, and during the passport process, there was an error in the birth certificate itself and that's why his DOB is not matching. Now, I have got a revised birth certificate from Municipal Authority and a Notarized Court order in that regard.

      So, as per your opinion, I do not need to file revised petition, instead, just showing old and new passports, revised dob certificate should be enought. Am I interpreting your response correctly?


      Thanks
      Vekram
      <Anything I post on this website is a personal opinion or information from personal experience. This should not be treated as a legal advice.>
      PD: 31-May-2017
      Category : EB1C
      Concurrent Filing
      Status: Pending

      Comment

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