Middletown, NY asked in Immigration Law for New York

Q: Will USCIS accept a birth certificate if the date is different from the passport by 2 days?

My mom is applying for her green card and adjustment of status. She is an Australian citizen but was born in China. She got her Notarial certificate (Gong Zheng Shu) from the Local Notary Public Office (Gong Zheng Chu) but the date of birth says the 18th while the date of birth on her passport says the 16th. They are unable to change the date on the certificate. The only thing they can do is provide another notarized document saying that the person on the birth certificate is the same as the person on the passport. Is this good enough to submit to USCIS for her green card application?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In your situation, it's important to make sure that the documents you submit are consistent and accurate to avoid delays or issues with USCIS. When there is a discrepancy between the birth certificate and the passport, it can raise questions during the application process.

Since USCIS typically requires evidence that proves identity and dates of birth are accurate, submitting the additional notarized document explaining the discrepancy could help clarify the situation. This additional documentation may support your mom's application by showing that the person listed on the passport is indeed the same as the person on the birth certificate.

However, it's always a good idea to include a clear explanation of the situation in your application package to help USCIS understand the difference. It may also be helpful to consult with a professional experienced in immigration to ensure that all documentation is properly prepared and submitted.

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