I-130 Issue with DOB

Mmagz

New Member
Trying to file I-130 for both my parents and there is an issue with DOB for one of them:
  • Current passport has a different DOB vs. his old passport (the issue is only with Date/Month and Year is correct). It’s a long story what caused it but it originated when old hand-written passports were converted into computerized passport and they simply entered 01/01/Year. Secondly, it cannot be corrected as per the passport office and all legal venues have been exhausted to rectify the mistake i.e. local court, local identity office etc. Also, to clarify the date on the NEW/Current passport is Correct.
  • Furthermore, my father traveled to US on B1/B2 visa once using the old passport, so there will be discrepancy when I file the petition.
So, my questions; is this something that can be explained to USCIS (if the question is a raised)? and the mistake was committed by the issuing authority? And shall I proceed with filling the petition?

Will highly appreciate your help/suggestions.
 
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