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Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28072
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am applied citizenship, my interview is Tomorrow.. my

Customer Question

i am applied for US citizenship, my interview is Tomorrow.. my birthdate is wrong
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Judith replied 4 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Do you have documentation with your correct birth date?

What do you have?

Did you use a birth certificate when you applied for your resident status?


Customer: replied 4 months ago.
when i filed for the residence card everything was ok but i guess day made a typo instead of putting 03 they typed 04, i don't have a birth certificate, but my driver license and cuban passport have all 04 instead of 03
Customer: replied 4 months ago.
i did used a birth certificate when filed for the residence but, i don't have any at the moment
Expert:  Judith replied 4 months ago.

You need to go to the interview and tell the examiner you need to reschedule it while you get your birth certificate.

Tell them that USCIS made a typographical error on your card.

Your birthdate is March not April.

The burden is on you to provide evidence USCIS made the error.

So you need your passport, your passport and driver license is not sufficient evidence. It is what is called secondary evidence and you have to provide your original birth certificate.

If you do not fix this before the naturalization certificate is issued you can never in life fix it.

There was a recent court case that USCIS law only allows correction and only if you inform them of the error and provide proof of the mistake.

The proof you have to provide NOW is your original or certified copy of your birth certificate.

This is very critical because in the future it can put up a road block to getting your license renewed, collecting social security benefits when you retire, all kinds of major issues.

It needs to be corrected now before you go through the naturalization.

You have to swear under oath on the N-400 at the interview all information is correct and unless you have your birth certificate as proof they can say you did not meet your burden.

Request the interview be rescheduled explaining to the examiner the problem.

I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.


Customer: replied 4 months ago.
i go to the interview tomorrow and ask for it to be rescheduled? i am really nervous
Expert:  Judith replied 4 months ago.

That is what you do.

It is better than abandoning your application and loosing the $680.

Especially if you feel the error is USCIS mistake.

But you need proof. So you tell the examiner USCIS made a mistake and the date on your card does not match the birth certificate you gave them when you filed for your resident status and it needs to be fixed but you do not have the original and need time to get it.

The examiner can look through your file and find the document you submitted when you applied for resident status. They will have the entire immigration file of everything you ever filed with them in front of them.

If they find the birth certificate copy in there they can either fix the mistake or ask for a supervisor if the hesitate to give you a new appointment date to give you time to get the original document.

Don't be nervous. You said they made the mistake so it is not your fault.

You just have to fix it now or you will have a nightmare down the road. The DMV will ask to see your Naturalization Certificate when you go to renew and if it doesn't match your date of birth in their records and with social security (they will check with SSA) they will refuse to renew. Then you are in a real problem that cannot be fixed because you didn't fix it when you had the opportunity - tomorrow.


Expert:  Judith replied 4 months ago.

I think you forgot to give me a positive rating. How did the interview go today?


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