Brighton, MA asked in Immigration Law for Massachusetts

Q: Small spelling mismatch in mother's passport [US citizen immediate relative green card application]

Hello! My mother's current passport has a small spelling mistake (an extra character added to last name). She has already used this passport and traveled to the US with it. Before applying for her green card, we will try to amend the mistake and get her a new passport issued with the correct spelling. My question is, does USCIS look at previous visas and will her visa with the name misspelling and her travel to the US with the misspelling cause any issues with her application? Should I mention this in the application or just apply with the corrected passport and not mention anything about the misspelling since old passports and old visa are not submitted with the application.



Extra info: I will be applying while she is in her home country, not as an adjustment of status.

Related Topics:
1 Lawyer Answer
Giselle M. Rodriguez
Giselle M. Rodriguez
Answered
  • Immigration Law Lawyer
  • Boston, MA
  • Licensed in Massachusetts

A: Hi - Thank you for your case description and for explaining your concerns.

Most USCIS forms have a section/question where it asks whether the applicant has used other names in the past or at present - That may be a good starting point for you in disclosing that.

With regard to your second comment, I would often suggest waiting for the corrected passport and later submitting everything, just to avoid any potential headaches as a result of the misspelling. I do not know the specific details of your case so it all may vary, but generally, that is what I would suggest.

Best of luck with everything!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.