My fiancé was born in Texas . He has a birth certificate and social with unmatching names. What can I do to help him to correct?

Asked over 1 year ago - Laredo, TX

He was legally born in Austin, TX. There was a mid-wife involved over the hospital and we have papers to prove. When he was born his mother made the mistake of putting her now late boyfriend's last name over the real father's. He does have a birth certificate with his father's last name but the social has the other last name. The state of Texas is saying that he is placing himself as 2 individuals. Through the years he and his mom have gone to lawyers to correct it and all have failed. At court when everything seemed to be close to finalizing, the lady who types the paperwork put his name in english when he was given a mexican name. We have all the paperwork to help him stay legally in this country but, he needs his real social for work. What can we do to make it all right once and for all

Attorney answers (3)

  1. F. J. Capriotti III

    Contributor Level 20

    3

    Lawyers agree

    Answered . "Lady who types the paperwork"???????? If it was someone in the Court ... go back and get it fixed.

    If it was someone that isn't a lawyer, like a notario publico, that was performing services without an attorney license ... report her to the State Bar Association and the Attorney General's office: www.stopnotariofraud.org

    PS I don't know why the other lawyers 'failed' ... you haven't told us. Perhaps it was because, although you say he was born in a hospital, there was a midwife and not a doctor.

    I suggest going to one more lawyer ... sorry, we can't be of more help without seeing all the paperwork.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  2. Alexander Joseph Segal

    Contributor Level 20

    3

    Lawyers agree

    Answered . This is not an immigration question. You should ask a Texan attorney.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. Andrew W. Norfleet

    Pro

    Contributor Level 12

    Answered . Attorney Capriotti is correct. This is a very complex question that cannot be answered in the Avvo forum. If attorneys have worked on this case could not correct the errors with all of the documents available to them, we cannot answer your questions here.

    You mention that you were in court and things were "close to finalizing" - sounds like the attorney on the case knew what he/she was doing and some type of clerical error caused the problem. Why not return to the attorney and have the error corrected? There does not seem to be a need to start the process again.

    I hope that this was helpful to you and I wish you well.

    Andrew W. Norfleet, Esquire Helping disabled individuals throughout Pennsylvania. awn@norlaflaw.com www.norlaflaw.... more

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