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Should I fix discrepancies in passport before applying for green card or wait till I get an RFE?

San Francisco, CA |

I am an H1B holder and my employer is willing to sponsor green card for me. Like several people from my country, I have a discrepancy between the date of birth in my birth certificate and passport, which has never been an issue in my entire life except for this green card process. Fixing it will take several months and involve a court process.

My question is this. Is it better to apply for green card right away and only if I get an RFE for the discrepancy, should I go through the legal process of changing my passport? Or should I take the time to fix my passport before applying for green card?

Attorney Answers 5


  1. Best answer

    I agree with my colleagues. Why would you like to wait to the last moment and then rush. If you do not timely get it done, the AOS will be denied. Name and birth date go to the identity of an individual and AOS cannot be approved if there is a serious discrepancy in material information.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


  2. You should have your name and DOB appear in the passport the way to conforms with the Certificate of Birth. That is regardless of the CG process.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  3. Save time and money. Get it corrected first.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


  4. Correct the discrepancy first. Employer can start the PERM recruiting process right away. Your name won't even appear until filing it 4-6 months later.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  5. This issue could go in a number of directions. Seek a consultation with an attorney in your area. More facts are needed to answer this issue.

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