Change of Birthdate on Naturalization Certificate

Applicant: Ms. Jinping
Country/Region: Taiwan, China
Applying for: Change of Birth Date on Naturalization Certificate
Case Type: Form N-565, Petition to Amend Certificate of Naturalization, Form G-639 and Form G-28
Time: One Year
Challenges:

• An unyielding and unsympathetic response from the United States Citizenship and Immigration Services.
• Proving the error with the wrong birth date was clerical, not fraud.
• Finding verifiable documentation to support the correct date of birth.

BACKGROUND

An errant stroke of a pen can cause a disproportionate amount of trouble, especially when it involves immigration documentation. This was the case for Ms. Jinping when she filed for naturalization. A case officer had written the wrong number for her date of birth. This meant none of her other application documentation matched up with her Social Security Number, passport, and bank statements. Ms. Jinping realized she had a serious problem but didn’t know how to fix the error. Fortunately, she contacted the immigration law experts at Tsang and Associates.

KEYS TO SUCCESS

After a thorough consultation with Ms. Jinping, Tsang and Associates sent a letter to the Detroit, Michigan Field Office of the United States Citizenship and Immigration Services (USCIS) requesting a correction. Unfortunately, they refused. Unwilling to accept that response, Tsang and Associates drafted a new plan. The firm filed a Freedom of Information Act request (Form G-639) that would allow attorneys access to all documentation created throughout the naturalization process. This information confirmed that the birth date discrepancy was a clerical error. After filing Form G-28 to establish Tsang and Associates as the attorney of record, the firm guided the client to sue USCIS asking the court to amend the naturalization certificate. As supporting documents for the case, Tsang and Associates provided Ms. Jinping’s Taiwan and U.S. passports, the birth certificate of her son, DS-230 forms with specific biographical information and other identification. The firm also cited case precedents where appeals had been approved and the client was able to proceed with the guidance.

OUTCOME

The detailed case package prepared by Tsang and Associates gave the client a clear path to move forward in correcting the wrong birth date on the certificate. The client was very thankful for all the work that was done and that there was finally hope moving forward. All the documents would be the same name and same birthdate. This was more than just a number, this was her whole life and inheritance. This was her identity and we were able to help her save it.