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Immigration Issues/Family based petition

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Question
Hello, I have been in the U.S. for the last 9 years, went to school for all these years and currently working for a well reputed company in the U.S. with an H1 visa. Fearing I might loose my job in the near future I have applied to change my status to F1 and I would start taking classes from January 08, although I have not received a receipt letter from USCIS yet but the bank check has already been cashed by them. My Brother had filed a I-130 petition for me in 1998 which seems to be matured sometimes this year, but he made some mistakes with my Date of Birth, he wrote it backward, date in the place of month and month in the place of date. Also he shortened my name from Suhail Mohammed Mahbub-Bin-Afsar to S.M. Mahbub-Bin-Afsar, when I applied for the S.S.N. I shortened my name to Suhail Mahbub Afsar. Would these all make any problem when I would apply for my immigration visa? Should I prepare myself before I apply to change my status. Thank you for helping.

Answer
Hi Suhail,

When you apply for adjustment of status based on current priority date in the F4 family-based category, there could be a query as to whether you are the same person noted on the I-130 petition. The query will provide specific guidance, but any issues can be addressed at that time by your birth certificate, your brother's birth certificate, and identity documents such as passport, social security card, etc., and  if required through affidavits from your parents or others who are knowledgeable that you and your brother are born of the same parents. Since the month/day is frequently inverted to day/month in many cultures, the USCIS should not create a problem. Your adjustment of status application should be approved.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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