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

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)

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Attorney answers 3


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.


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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


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 .

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova

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