Place of birth different in passport and birth certificate
I went through hell for almost a month recently because the place of birth in my passport was different from the one in my birth certificate. The entry in the passport was wrong. Meanwhile, my priority date had become current and my company lawyers were asking me to submit papers for I-485 application. When I told them about this discrepancy in the place of birth, they advised me to get it corrected before filing the I-485 application to avoid getting any RFE notices.
So I visited the Indian consulate to get my passport corrected. But the officials at the Indian consulate told me that to change either the place of birth or the date of birth in the passport, I need to get a court order from a 1st class magistrate in India. I was getting very frustrated but I didn't want to give up, so I went ahead and I spoke to a lawyer in India on how to get a court order; the lawyer told me that this would require filing a case against passport office that issued the passport in India. The lawyers told me that this could take anywhere from 6 months (best case) to 2-4 years. Not knowing anything else to do, I was getting ready to file this case, by stroke of some luck, I saw this page in the meanwhile: http://www.passportindia.gov.in/AppO...eReissueAction
If you choose the right options, from the above link we can get the list of documents required for correcting the place of birth in the passport. As indicated there, if the place of birth change is within the same state, you don't need any court order and that an affidavit from the parents is enough. In my case the two places were in the same district, so I went back to the Indian consulate and explained them about this. I also had my original birth certificate and documents from the hospital where I was born (signed by the doctor who delivered me!). This time they agreed and they corrected my passport and issued a new passport!
During this process, I also learned from a friend who works in a passport office in India that they routinely do this kind of changes in Indian passport offices and that it takes around a month for the whole process.
Just wanted to share this so that if someone else is in this state, do not despair. There is a way out of this limbo.
Hope this helps!
Thanks for sharing the info. I am in the same boat, which consulate did you go to? and what documents did you carry to the consulate? How many days did it take for consulate to change the info? I followed the Passport-Seva link in your post and after selecting right options, and click "view required documents" it goes back to the initial page.
I am looking at changing the place of birth for my spouse in the SFO Consulate.
If possible will you be able to send me the copy of the Affidavit or the content atleast.
Please mail me firstname.lastname@example.org
Thank you so much friend, this information is really helpful. Thanks once again.
Originally Posted by immi_user
I am also looking for place of birth change for my wife.
Please share the affadavit content with me also, this has been long standing issue for me also.
I'm really glad of having found this forum with such a helpful info about this trivial but complicated issues that are so time consuming.
Thank you so much for sharing your case with us.That's what it makes this forum really helpful for people looking for any sort of advice.
Congrats for the happy ending regarding your problem
I am looking at changing the place of birth at the washington dc Consulate.
Can you please send me the copy of the Affidavit or the content atleast to email@example.com
Court order is not required
I wanted to let you guys know that I recently went through changing date of birth on my passport hell through SF consulate, and finally was able to get it changed without the court order. Here's what happened:
1. I called VFS in December 2012 to check whether I can apply for change of DOB at SF consulate with a copy of my birth certificate, and they said yes on phone. Based on that conversation, I applied at SF Consulate. And within a week my application paper work was returned saying that I need a court order to get my DOB changed.
2. I checked with Passport authority in India via email, and they replied saying if the difference is not more than 2 years in two birth dates court order is not required. I shared that email reply with VFS via email and again got a reply that court order is required.
3. Then I went ahead and engaged with a lawyer in India. My lawyer checked all the details of my case and looked at judgement of other such cases and told me that in two such cases High Court in both Mumbai and Delhi have ruled that Passport Issuing Authority should decide on such cases on their own because Indian courts are already over burdened and such change in DOB or place of birth should not be taking court's time. With this evidence, my lawyer drafted a letter with copy of ruling on those two cases, and I again sent my application to SF Consulate. And I received my passport with the change in DOB within 15 days
I know how stressful this whole court thing could be, therefore, wanted to share my experience with the Indian immigrant community
Do you have the case numbers or references if any?
Do you have a reference number or case number of the above two verdicts?
Then I went ahead and engaged with a lawyer in India. My lawyer checked all the details of my case and looked at judgement of other such cases and told me that in two such cases High Court in both Mumbai and Delhi have ruled that Passport Issuing Authority should decide on such cases on their own because Indian courts are already over burdened and such change in DOB or place of birth should not be taking court's time. With this evidence, my lawyer drafted a letter with copy of ruling on those two cases, and I again sent my application to SF Consulate. And I received my passport with the change in DOB within 15 days
such information would definitly help a lot whenever one faces such type of critical problem...
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Last edited by TamiDaugherty; 09-20-2013 at 12:14 AM.
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