Date of Birth mismatch

[rbalaji5]

There is a problem with my wife's date of birth certificate. The brith certificate holds the original date of birth (May 1973) where as the all other ceritificates like school records, passports is having different date of birth (Dec 1973) (usually in India we used to change the date of birth to get into the kindergarden with some early date of birth). I am unable to get the Non-availability certificate as the original birth certificate already exists. Correcting the date of birth all the certificates and passports is not possible and it may took a long time as we need to go through court.

I am planning to submit the affidavits from parents alongwith the other certificates like 10th Mark sheets, etc., Pls advise - Is it ok?.

Otherwise I can submit the original brith certificate alongwith affidavits from parents and relatives saying that the date of birth is mistakenly registered.

Please help.

[needhelp!]

We had the same problem. Our lawyer said we need to take a stand and stick by it. So we went with the original BC, since in our case that was the correct one. He said we will most likely get delayed because of this. He advised not to get any other documents changed right now, but if filling any new forms or anything like that then use the BC date. Infact the medicals exam also has the passport date, so we may have some issues there as well.

We provided an affidavit explaining how the problem occurred. We have just given one affidavit from father since he is the one responsible for the discrepancy. I am not sure if we needed two. Lawyer pretty much lets me make all the decisions. I don't know why I need a lawyer.

So I am in the same boat as you are. I would like to hear from people who took the same stand as I did, what were the problems they encountered.

[PD_Dec2002]

Originally Posted by rbalaji5

There is a problem with my wife's date of birth certificate. The brith certificate holds the original date of birth (May 1973) where as the all other ceritificates like school records, passports is having different date of birth (Dec 1973) (usually in India we used to change the date of birth to get into the kindergarden with some early date of birth). I am unable to get the Non-availability certificate as the original birth certificate already exists. Correcting the date of birth all the certificates and passports is not possible and it may took a long time as we need to go through court.

I am planning to submit the affidavits from parents alongwith the other certificates like 10th Mark sheets, etc., Pls advise - Is it ok?.

Otherwise I can submit the original brith certificate alongwith affidavits from parents and relatives saying that the date of birth is mistakenly registered.

Please help.

For I-485 application, just change the one in your passport...should not take more than two business days for the Consular Section to make this change so long as you submit your original BC.

It is pitiful when parents have to resort to such illegal stunts...

Good luck!

Thanks,
Jayant

[sve0390]

The date of birth on passport is wrong by one day . My date of birth as in Birth certificate is 26th March as I was born around 1:00 AM, but in the passport and matriculation certificate show it as 25th March. In order to correct the date, I contacted indian consulate which say, they need a court order from a first class magistrate in India. Can anyone please help me....what is the protocol for a court order...Thanks so much for your help.

[singprashant]

Hi,

My name is Shikha and I am facing same situation as you i.e. 1 day difference in date of birth in passport and birth certificate.

I also need to follow court order process and get the date change in passport.

I am not sure who is first class megistrate. and how to get court order.

Could you please help me with this how you resolve this. Appreciate if you could please share your experience to solve this issue.


Thanks,
Shikha

[SVS]

All,

I had a similar problem. My passport and all immigration documents had August while BC and school docs had September as the birth month. Since September is the correct one - I took the paperwork to the Indian consulate and requested them to rectify the passport to match BC. It took some effort and convincing but they finally did it. After that I changed all my immigration paperwork.

This is what I used to request the change:

Based on Ministry of External Affairs October 2007 Circular, the Consulate has the power to change a clerical error made either by the applicant or the PIA, without the need of a Court Order.

"Where an applicant claims clerical/technical mistake in the entry relating to birth/place of birth in the passport and asks for rectification/correction: In all such cases the documents produced earlier as proof of date of birth/place of birth at the time of issue of passport may be perused (if not already destroyed) by PIA. In case, it is a clerical mistake either by the applicant or the PIA, date/place of birth correction may be allowed by issue of fresh passport booklet in the former case, by charging fee for fresh passport and in the latter, 'gratis'. There is no need for declaratory court order in such cases."

Hope this helps!
SVS

[SVS]

All,

I had a similar problem. My passport and all immigration documents had August while BC and school docs had September as the birth month. Since September is the correct one - I took the paperwork to the Indian consulate and requested them to rectify the passport to match BC. It took some effort and convincing but they finally did it. After that I changed all my immigration paperwork.

This is what I used to request the change:

Based on Ministry of External Affairs October 2007 Circular, the Consulate has the power to change a clerical error made either by the applicant or the PIA, without the need of a Court Order.

"Where an applicant claims clerical/technical mistake in the entry relating to birth/place of birth in the passport and asks for rectification/correction: In all such cases the documents produced earlier as proof of date of birth/place of birth at the time of issue of passport may be perused (if not already destroyed) by PIA. In case, it is a clerical mistake either by the applicant or the PIA, date/place of birth correction may be allowed by issue of fresh passport booklet in the former case, by charging fee for fresh passport and in the latter, 'gratis'. There is no need for declaratory court order in such cases."

Hope this helps!
SVS

[FlameX40]

Is there any alternative solution to that kind of problem?