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Is an incorrect date of birth on a I-485 application grounds for denial? Or even worse trouble for supplying false data?

Pleasant Ridge, MI |

My friend came to the US by marriage to US citizen. On his marriage cert, they incorrectly recorded his date of BAPTISM as his date of birth. When he got is driver's licence, they used the cert as ID, and then the DMV switched his birth month and day on the license. His wife told him that the date on his license was the one he had to use from now on for all legal purposes, so that's what he's done. Now USCIS wants to know why there are 3 different dates in his file; the one on application and all other immigration forms (example: 04/03/1970, the one on marriage cert, 03/04/1970, and then his real date of birth.) He is also worried because he has signed other docs swearing that his DOB is 04/03/1970 because he thought he had to, and thinks there can be charges of supplying false info.Dumb

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Attorney answers 4

Posted

Your friend should speak with an experienced immiration attorney as soon as possible. While not that serious, since USCIS is now inquiring about the matter, he needs expert assistance. The differences/errors can be successfully explained, but the explanations should be done with the help of a lawyer, so as not to open or create other problems. It should alll be resolved without any major headaches, if done correctly.

Good luck to your friend!

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A consultation with an experienced attorney is always the best way to go.

Asker

Posted

Do you think he could get into trouble for swearing that the incorrect birthday was correct? He's been doing it for years on all immigration forms. Although he came to US as spouse, he applied for I-485 as an asylee (he was granted asylum).

Eugene J. Glicksman

Eugene J. Glicksman

Posted

It is possible; that is why he needs to make an appointment to speak with a competent, experienced immiration attorney.

Posted

The date on his birth certificate is the one that should be used. You must explain the discrepancies at your interview and have the application annotated accordingly.

Posted

He needs an experienced immigrationa ttorney to assist him with this mess. The swearing under oath many times to an incorrect date is ground for deportability. My advice is not to use a public form to explain this out but to seek legal counsel where information is provided in confidence. Good luck.

Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.

Posted

I agree with Attorney Schmidt. Use the true date of birth as noted on the birth certificate and explain all the others.

713-772-2300. All information provided is general in nature. Please consult with an immigration attorney with full details of the case.

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