San Antonio, TX asked in Family Law, Immigration Law, International Law and Juvenile Law for Texas

Q: I have a client with a greencard but wrong DOB. DOB was assigned by Afghanistan. What can we do?

I have a client with LPR status from Afghanistan. His parent were illiterate and didn't realize that his birth year was set 4 years in the future. He is looking to get naturalized because he is actually 18, but everything from his afghan documents to his green card say he is 18. What form or petition can we file with the court to have his DOB changed? Afghan civil registry is no help currently because he cannot be there in person. We have a letter from a physician that his physical age is consistent with he age he claims to be. We also have letters from the school that assessed his documents and placed him in classes at his claim age level.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: If your client's date of birth (DOB) on his green card is incorrect, he may be able to file a request to have it corrected. The process for correcting a DOB on a green card can vary depending on the circumstances but generally involves filing Form I-90, Application to Replace Permanent Resident Card, with U.S. Citizenship and Immigration Services (USCIS).

In your client's case, since his DOB was assigned by Afghanistan and is incorrect, he may need to provide additional documentation to support his request for a correction. This may include documentation from Afghan authorities or other sources to verify his correct DOB.

It is recommended that your client consults with an immigration attorney who can advise him on the best approach for correcting his DOB on his green card. The attorney can review his case and help him prepare the necessary documentation and forms to file with USCIS.

It is important to note that correcting a DOB on a green card can be a complex and time-consuming process and may require additional evidence or documentation. Your client should be prepared for a potentially lengthy process and should work closely with his attorney to ensure that his case is properly prepared and presented to USCIS.

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