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

Asked over 1 year ago - 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. Tripti Sharad Sharma

    Contributor Level 19

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    Best Answer
    chosen by asker

    Answered . 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.... more
  2. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

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    Answered . 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)... more
  3. Giacomo Jacques Behar

    Pro

    Contributor Level 20

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    Answered . 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... more
  4. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    4

    Lawyers agree

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    Answered . 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.... more
  5. Anthony Emeka Nze Nwosu

    Contributor Level 11

    4

    Lawyers agree

    Answered . 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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