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

Asked almost 3 years ago - 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

Attorney answers (4)

  1. Eugene J. Glicksman

    Contributor Level 17

    Answered . 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... more
  2. Christian Schmidt

    Contributor Level 19

    Answered . 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.

  3. C. C. Abbott

    Contributor Level 20

    Answered . 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... more
  4. William D. Fong

    Contributor Level 16

    Answered . 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... more

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