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Wrong Date of Birth in dependent's I-485

Los Angeles, CA |

I have applied through EB2-NIW and I got my !-140 approved. Based on this, we filed the I-485. When we got the biometrics notice my wife's date of birth was written incorrectly. We immediately got an infopass and reported the issue. After 15 days my wife got an RFE for the conflict in birth certificate and application. We sent proper documentation and after a while they approved my i-485! but her application is still pending. I got my green card but still hers is pending (initial Review). Do you have any idea what we should do now? Is this going to make a lot of problems for us? Have you ever had any clients with this problem? Is this going to take a long time?

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Attorney answers 3


You are already familiar with the InfoPass process. Make another appointment and sort it out with the local USCIS office. They have jurisdiction over your wife's application and can answer your question. Your appointment also might get your wife's file back on the top of the stack on someone's desk.

Andrew M. Bramante, Rosner Partners, 216-771-5588. Free telephone consultation. You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.


Option 1: continue waiting
Option 2: do an InfoPass
Option 3: retain an experienced immigration attorney.

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.


First, make another Infopass appointment to correct her date of birth. Bring with you the response to your wife's RFE and reference your previous Infopass appointment so the Officer is aware this is your second time coming in for the same issue. Note the Officer's name and calendar a follow up within two weeks.

Second, do a Service Request by calling 800-275-5283. Do same as above. Monitor her case online at using her I-485 receipt number.

You may have to repeat all of these steps. Be patient and good luck to you.

The communication above does not establish an attorney-client relationship. Advice rendered is of a general nature. (562) SANI-LAW

Sameera Sani

Sameera Sani


The correct USCIS phone number is 800-375-5283. Apologies for the typo.