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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?

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Attorney answers 5

Posted

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.

Posted

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.

Asker

Posted

I understand where you are coming from. But just to give you some context, all the official certificates and documentation in my life in the last 30+ years since kindergarden has been with my "official" date of birth. That is the reason why I have been sticking with this date all these years. Some mistake by my parents in the early years of my life caused this discrepancy when they admitted me to school with a different date of birth. Other than the GC process, there is no practical reason for me till now to fix this discrepancy.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Maybe this is one practical reason now that is worth a while?

Asker

Posted

:) Thanks for taking the time to answer this, Mr. Segal. I really appreciate it. I perhaps should have been a bit more clear in my question. There is no doubt in my mind that I should start fixing the discrepancy immediately. My question was more about the GC timing. From my understanding, the GC process is a time sensitive one. Does it make sense to save a few months by filing it immediately while I start the process of fixing the discrepancy and then responding to an RFE with the new information? Or does a few months delay in filing for GC does not matter and what is more important is to have the documentation in perfect order to prevent an RFE at all.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

This depends on what stage you are in in the process.

Asker

Posted

Just h1b, green card process not started at all.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

if you are from India, you have entire life in from of you before that "process" comes to the stage of a DOB issue

Posted

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.

Posted

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.

Posted

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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