Mismatch of Date of Birth(Critical)

O

OCIDelay

Registered Users (C)
I am a US citizen applied for Green card for my parents. Received an RFE for Birth Certificate. They are currently staying with me in USA.
When my father applied for passport, he thought that my mother DOB was not registered and he guessed a date and got affidavit and got the Passport.

Since USCIS requested for non-availability certificate, one of my cousin went to the municapality and requested for Non-Availability Certificate. They made a search and said that the birth was registered and gave the Birth Certificate with different date which is 27 days difference from the passport. We were very much shocked to know that the birth is registered.

RFE - There is no that much time left hardly 40 days.

So I called the New York indian embassey, they said that they can provide the new passport with correct DOB if I can provide the court order.

What should do now? I dont think I can get the court order in 40days from india. IS my mother should leave the country? Please advice me, very confusing and depressing. Please help.
 
Please some reply.

1) How can I fix the passport while we are all here?
2) Can I submit the original Birth Certificate which shows 26 days difference?
3) If she had to leave the country, is there would be any problem in the airport?
4) Can she fix the passport in India? How long it takes and how should I start?

Please advice me, I am very nervous and dont what I should do. Please help.
 
OCIDelay said:
I am a US citizen applied for Green card for my parents. Received an RFE for Birth Certificate. They are currently staying with me in USA.
------------------------on what status they are in US. what forms for them you have filed with USCIS.

When my father applied for passport, he thought that my mother DOB was not registered and he guessed a date and got affidavit and got the Passport.
----------------------it is mistake of your father
Since USCIS requested for non-availability certificate, one of my cousin went to the municapality and requested for Non-Availability Certificate. They made a search and said that the birth was registered and gave the Birth Certificate with different date which is 27 days difference from the passport. We were very much shocked to know that the birth is registered.
------------------------nothing to be shocked. your father/mother did not tried to fing if Birth is registred.

RFE - There is no that much time left hardly 40 days.

So I called the New York indian embassey, they said that they can provide the new passport with correct DOB if I can provide the court order.
--------------------------Talk to lawyer in India. Lawyer may have to submit affidavits to Magistrate signed by your mother to get court order. If lawyer is good then he can get in 5-10 days (count the days also for affidavits to be sent to US then signed by your mother and then sending to India then getting court order from Magistrate and again sending to US then to submit it to Indian consulate NYC then reply RFE to USCIS).

What should do now? I dont think I can get the court order in 40days from india. IS my mother should leave the country? Please advice me, very confusing and depressing. Please help.
Click to expand...

-----------------Better to leave and get immigrant visa from US consulate.
 
OCIDelay said:
Please some reply.

1) How can I fix the passport while we are all here?
-----------------read my above post.
2) Can I submit the original Birth Certificate which shows 26 days difference?

----------------You can submit but on her passport her DOB is diffrent and on BC it is diffrent DOB. USCIS will ask what is correct and the officer will be confused and may reject the pending forms.
3) If she had to leave the country, is there would be any problem in the airport?
--------while leaving US why problem at US airport?? she needs airline ticket and Indian valid passport.
4) Can she fix the passport in India? How long it takes and how should I start?
----She can fix it in India. talk to lawyer or any good agent who deal with your nearest Indian passport office.
Please advice me, I am very nervous and dont what I should do.
-----it is not your mistake your father did a mistake and now fix that mistake.
Please help.
Click to expand...

-----------------
 
They came on b2 visa. Since they filed Green Card their b2 would have been expired right. So when I called Indian consulate they said that if I can court order and valid visa in the passport they can get the new passport. So even this would not apply for me.

In http://www.immigration-information.com/forums/showthread.php?t=5878, one person had raised the same issue. For that the Attry Ron Gotcher was saying to send the Original birth certificate, 2 affidavits and the letter explaining why the affidavits attached.

I thought to do that, but after seeing your reply even i think that door is closed.

Very consfused, not sure what to do.
 
They came on b2 visa. Since they filed Green Card their b2 would have been expired right. So when I called Indian consulate they said that if I can court order and valid visa in the passport they can get the new passport. So even this would not apply for me.

In http://www.immigration-information.com/forums/showthread.php?t=5878, one person had raised the same issue. For that the Attry Ron Gotcher was saying to send the Original birth certificate, 2 affidavits and the letter explaining why the affidavits attached.

I thought to do that, but after seeing your reply even i think that door is closed.

Very consfused, not sure what to do.
 
OCIDelay said:
They came on b2 visa. Since they filed Green Card their b2 would have been expired right.
------------------ what do you mean by "they filed Green Card?'' what forms are filed from you and your mother with USCIS?
So when I called Indian consulate they said that if I can court order and valid visa in the passport they can get the new passport. So even this would not apply for me.
------------------------you can check her Visa validity and her I-94.
In http://www.immigration-information.com/forums/showthread.php?t=5878, one person had raised the same issue. For that the Attry Ron Gotcher was saying to send the Original birth certificate, 2 affidavits and the letter explaining why the affidavits attached.

I thought to do that, but after seeing your reply even i think that door is closed.

Very consfused, not sure what to do.
Click to expand...
You should talk to good lawyer for more info.
 
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