Chapel Hill, NC asked in Immigration Law for North Carolina

Q: The place of birth on the birth certificate is different from the place of birth on my passport.

I am an Indian citizen on H1B, and I am applying for I-140 and I-485. The place of birth on my passport is different than the place of birth on my birth certificate. They are neighboring towns in the same state and district. It was an accidental error on my behalf during my initial passport application process 10+ years ago. Is this going to be an issue? What document can I get to help my case?

Ideally, I don't want to change it on my passport because a) it requires a court order; b) I have been using my passport place of birth for everything.

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: Confusion over issues of identity complicate a filing. It 'was' best to have corrected this information before you went forward with 'any' visa processing. Otherwise, it can eventually be viewed as a misrepresentation. Whether this is an innocent or material misrepresentation may depend upon the discretion of the USCIS adjudicator, among others, not merely the musings of a private attorney wanting to wish you well. An adjudicator or consular official can reasonably believe that you were intentional in misstating your birth place due to impatience, if not worse.

If the DHS believes that you knew otherwise, but intentionally misrepresented your birthplace for convenience or gain, then this indiscretion can reasonably create complications and delays, among other consequences in the future.

If you now need a court order in India to correct your passport, then your ongoing inaction seems to have impaired the situation. It is unclear how long it will take to correct the record. Also, whether in doing so, USCIS or the State Department will still have concerns, then take action. Again, there may be alternatives.

At this point, you may want to consider all of your options by discussing this matter with a competent, ethically considerate, and experienced immigration attorney. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

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