Legal Question in Immigration Law in Florida

US Citizenship Certificate Birthdate Change

How do I correct the arbitary Birthdate shown on her Citizenship Certificate when no Birth Certifcate exists?

The INS originally used an arbitrary date of 1 Jan 49 on her green card when she entered the US in 1977. From Thailand.

My wife learned her correct Birthday is 4 Mar 49 from talking to her Mom (now deceased), and two sisters.

All of her official documents from Thailand (ie., Thai ID card, house registration etc.,), only lists the year (Day and Month are not given). Thailand did not keep good records 60 years ago. So there is no way to prove her actual birthday.

She has used 4 Mar 49 for everything for more than 20 years. It would be much easier to change the arbitrary date to her actual birth date than to change everything else (drivers license, ID cards, Social Security, Insurances, medical and the list goes on and on).

Someone told me an afidavit from an older sister in Thailand might work? If so, still have to figure out how to get a corrected Citizenship Certificate.

Can she change her Birthdate on her Citizenship Certificate without a Birth Certificate? If so, How?


Asked on 8/03/08, 2:24 pm

2 Answers from Attorneys
Marc Seguinot Seguinot & Associates, P.C.

Re: US Citizenship Certificate Birthdate Change

You are leaving out some information, but how is it that the INS gave her an arbitrary birthdate and she has been using a different birth date for over 20 years and now, suddenly, she wants to change her citizenship certificate. I can guarantee you this: a red flag! The USCIS is going to check out the request. If she has no evidence of her actual birth date, she can try and see if an affidavit will work, but she ought to obtain more than one. Second, the difference between Jan 1 and March 4 is a mere two months. It would NOT be easier to change her citizenship certificate than to change other documents. Find out what you need to change your driver's license, etc. before you decide it's too difficult. Otherwise take your chances with USCIS, but you really should use a lawyer for this problem, no matter how simple it appears. Good luck.

Read more
Answered on 8/04/08, 7:53 am
Johm Smith tom's

Re: US Citizenship Certificate Birthdate Change

The last I dealt with this, it all depended on whether she gave the government the wrong date or whether it was a clerical error. If it was the former, then only a district judge can order that the date be changed. If it was the latter, then you can file again for a new card with no fee. There may be more recent rules on this, but I'd have to spend time looking into it. We do a good deal of immigration work for our clients; so let me know if you need assistance with this.

Read more
Answered on 8/03/08, 3:48 pm


Related Questions & Answers

More Immigration Law questions and answers in Florida