What should the correct course of action be? How will this affect the consular visa processing?

Asked almost 2 years ago - Buffalo, NY

I have to resubmit a duplicate birth certificate to the US Consulate related to an IR1 visa. I can't get a duplicate birth certificate from the civil status registry because in their records they have a different DOB for me which is 5 days off. All other information is the same. I have a refusal letter explaining why they refused to provide a new certificate. Actually, the DOB that they have on their file is my real DOB, but my parents never corrected the error on the birth certificate thinking that the birth has been also incorrectly registered in the archive journal. We found out about the discrepancy several days ago. I have used this DOB for all my life and all of my records and documents from my country and the USA have this date (ie US marriage cert, SS car, DMV, Diplomas, passport)

Attorney answers (3)

  1. Alena Shautsova


    Contributor Level 20


    Lawyer agrees


    Answered . I agree with my colleague. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  2. Haroen Calehr


    Contributor Level 17


    Lawyers agree

    Answered . I think you need to hire an attorney in your native country that can utilize the legal or administative process to rectify this discrepancy otherwise your immigrant visa may be in serious jeopardy for fraud or misrepresentation.

  3. J Charles Ferrari

    Contributor Level 20


    Lawyers agree

    Answered . I agree with my colleague. You need to have the error corrected and that will most likely require retaining an attorney in your home country.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

Related Topics


If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

US visas

There are many types of immigrant and non-immigrant visas, including work visas, student visas, and marriage visas.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

24,603 answers this week

3,053 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,603 answers this week

3,053 attorneys answering