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Immigration Issues/Incorrect date of birth in passport

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Question
My husband got I 140 approved and we have to now file I 485. However my date of birth in passport is exactly one year different from that which is in my Birth Certificate. I got my passport using school certificate which had incorrect date of birth. I started the process of correcting my passport and that may take another few months. I already got my school certificate corrected. Should we wait till the passport gets corrected to file I 485 or go ahead and file I 485 with the Birth Certificate and explain the discrepancy?

Answer
Hi,

As the state department visa bulletin is published monthly, and there can be retrogression of visa availability in any of the employment-based categories, it is best to file I-485 in the month when the priority date becomes current. Information about priority dates is here: www.h1b1.com/visawaiting.htm

You should state the accurate date of birth on I-485 and attach birth certificate, and explain discrepancy of date of birth in passport.

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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