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  #16  
Old 03-20-2012, 12:36 PM
chet79 chet79 is offline
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Originally Posted by shouldIwait View Post
Our case turned out a little differently and the same solution would probably not work out in your case. In my findings people have gotten court order much sooner, as quickly as 3 months. With regards to 2 years rule, it's really subjective and it's best to talk to either the consulate of your jurisdiction (if person is here in US) or in Regional Passport office where it was issued. As per passport office website court order is NOT required if the document that was submitted as proof of DoB at the time of applying for original passport is amended to reflect the correct DoB. Typically the document submitted is school marksheets etc. Different school boards have varying policies in that regard. In CBSE they say "not possible" but in some state boards it is possible and may be fairly quick. I know in Karnataka it can happen within a week.

Again per the Passport Seva website the court order IS required if the change in date of birth (DoB) is more than 2 years or the documents (containing DoB) are conflicting?
In your case the latter is true unless you get the document that you used for applying passport amended.

If all of this doesn't work or doesn't work in time you can take a shot by applying for modification of passport with just new DoB at consulate/passport office and cross your fingers. Worst case they'll say NO and they are fairly quick in most cases. The letter of denial might help you in getting court order by making the Passport Officer as the respondent in the court case. If that too doesn't work out as a last resort I'd say that apply for I-485 using the date that is in DoB certificate (not the passport) because DoB certificate is considered authoritative doc for DoB. They might issue an RFE asking for clarification for mismatch. By then if you got everything processed you can submit evidence of the same or explain the situation and submit documents showing that you are trying for it and official process is taking time (e.g. petition to court, copy of passport application for modification etc.)

Best of Luck ! and don't worry, it's not an insurmountable hurdle. It's just the red-tape in our home-country that makes this so painful. For US passports it can be done much easily...for justifiable situations it's very quick.
Hi shouldIwait,

I am in similar situation and your post provides good information. I am thinking on working on amending my document that was used for applying passport (in order to avoid court order). I have few questions and I would appreciate if you can share your email ID.
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  #17  
Old 08-05-2017, 03:51 PM
BPSSMG BPSSMG is offline
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Can you share what your experiences were and how you finally got it resolved? We have similar few days difference and going through hell with consulate and passport folks while the dates are current for us.

Appreciate any help and advise you can share. Pls tell what happened from the USCIS side, did they issue an RFE? Did they issue a NOID? Or did they understand the situation and approve GC?

We ares till pursuing the change of birth in passport with Indian officials, but they are extremely apathetic.
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