1) To change the date/place of birth in the passport, you have to apply for a "Re-issue" of passport and get the specified change done in the personal particulars . passport office would insist on court orders 

2) apply in court within whose jurisdiction passport was issued 

3) local lawyer can guide you as to time to be taken 

4) it will create problems because of mismatch in documents submitted in USA 

5)take the plea that passport was issued when you were minor and on attaining majority you have corrected the mistake 

You residue you passport with change of address based on document of Murshidabad it will be easy 

• Yes, a court order from a Judicial Magistrate First Class (JMFC) is typically required to change the place of birth in the passport if already issued.

• Apply at the JMFC court in New Delhi (where passport was issued and residence is located).

• Nephew’s personal presence may not be mandatory; he can authorize someone via Power of Attorney (PoA).

• Approx. 2–3 months depending on court backlog.

• Yes, attestation by West Bengal Home Dept. may be needed post-court order for validation. Apply through State Secretariat/Notary → DM Office → Home Dept. in Murshidabad.

• 🇺🇸 For U.S. immigration:

  • Prepare an affidavit explaining the correction with copies of birth certificate, court order, and new passport.

  • Submit this to USCIS with a request for record update in green card processing.

1. The passport authority will insist an order from court declaring his correct place of birth after satisfying with the documentary evidences submitted along with the plaint filed in the suit for declaration to declare correct place of birth.

2. You may have to file a suit for declaration before the Junior civil judge court at Mushiradabad.

3.  His advocate can represent during his absence but he would be required to appear before court for letting in his evidence for this purpose.

4. Since it is a civil suit it will take its own time say more than a year also, which cannot be predicted owing to various factors involved in it.

5. The registrar of births and deaths at Mushirabad would be the opposite party against whom you may have to file the suggested suit or the competent authority viz., the Municipal commissioner, who will be directed by the court ion the orders to correct the  birth certificate and reissue the birth certificate with correct place of birth..

6.  Subsequently he may have to apply for reissue of passport with the court order to modify the place of birth and on that basis he may have to comply with the local rules of USA for further issues at that side.. 

WHAT I UNDERSTOOD FROM YOUR QUERY AND MY ADVISE ACCORDINGLY:

To correct the place of birth in the passport, the client must obtain a declaratory order from a competent civil court or Judicial Magistrate First Class (JMFC). The Passport Office requires such an order when the correction involves a change in district or city and the applicant cannot prove that the error was clerical. Since the Birth Certificate clearly mentions Murshidabad, the client can rely on it as primary proof and seek a judicial declaration to support the correction.

1. Jurisdiction of the Court

The client can file the petition in either:

The District Court or JMFC at Murshidabad, where the birth occurred, or

The Civil Court in New Delhi, where he ordinarily resides.

We recommend filing in Murshidabad, as the local registrar may need to verify the birth records. However, if time or presence is a constraint, filing in Delhi is also legally permissible.

1. Client’s Personal Appearance

The court may require the client’s appearance for affidavit verification or evidence. However, the client can execute a Special Power of Attorney (PoA) in the U.S., duly notarized and apostilled, to authorize a relative to represent him in court. Courts in India routinely accept such representations in declaratory matters.

1. Expected Time Frame

The court generally disposes of such uncontested declaratory petitions within 2 to 4 months, depending on the court’s workload and document completeness. If the petition includes all supporting records (birth certificate, passport, affidavit), the process can conclude sooner.

1. Post-Order Attestation

If the client obtains the order from a West Bengal court, and intends to use it before the USCIS, he must:

Get the order authenticated by the West Bengal State Home Department, and then

Apostille it through the Ministry of External Affairs (MEA).

This step ensures the document’s acceptability under the Hague Convention for foreign use.

1. Rectifying U.S. Immigration Records

After updating the passport with the corrected place of birth:

The client should notify the USCIS and other relevant U.S. immigration authorities.

He should submit the corrected passport, court order, original birth certificate, and a sworn affidavit explaining the correction.

The client may also attach a legal memorandum from an Indian attorney clarifying the nature of the correction and confirming that it does not affect his identity or nationality.

The client must present the correction as a rectification of a documentary inconsistency rather than a change of identity. Since the Birth Certificate is the foundational document, USCIS generally accepts the corrected passport if supported by judicial and administrative records.

Please contact us if you need assistance with:

Drafting the court petition and supporting affidavit

Preparing the Power of Attorney

Liaising with the Passport Office, Home Department, or MEA

Coordinating with U.S. immigration counsel to address record correction

In case you need my assistance in the matter I can be contacted on 

Regards,

SYS Law Offices

Date: 08.07.2025

Location: New Delhi

File an application in JMIC Delhi for a Court order, nephew can appear through an advocate, around 10-12 months , no such attestation, submit a notarized “same person” affidavit, the court order, corrected passport, and birth certificate to US authorities, preferably with the assistance of a US immigration attorney.

Dear Client,

• Whether a court order from the Judicial first-class Magistrate is required for changing of place of birth from Howrah to Murshidabad?

Yes, a court order from a First-Class Judicial Magistrate is generally required for changing the place of birth in the passport if the change is not due to a technical error. Such corrections are those which require official records such as the birth certificate, to be referred to.

Legal principle: In the year 2001, the Ministry of External Affairs issued a circular (No.VI/401/2/5/2001) dated 18.4.01 to the following effect,

As per the current practice, in case of change of date of birth/place of birth, the applicant is required to produce the original declaratory order from a First-Class Judicial Magistrate. However, in view of the recent judgment given by the High Court of Judicature at Mumbai in CWP No.1072 of 2000 filed by Shri. Jigar Harish Shah, three clarifications were issued. One among this is that,

• Where an applicant is seeking clarification/correction of a mistake in the entry on the date of birth/place of birth in the passport, PIA may after verifying/satisfying himself, affect the correction treating the same as a technical correction. There is no need for a declaratory order in such cases.

Thus, the requirement of the declaratory order from the Judicial First-class Magistrate can be evaded only if it can be satisfied that the mistake to be corrected is a technical error.

• From which court must this order be obtained?

The birth certificate has been issued in Murshidabad. Thus, the Judicial Magistrate of First Class in Murshidabad district has the jurisdiction to issue the order.

• Whether any attestation of court order by Home department of West Bengal is required? If yes, then what is the procedure to obtain it?

No. an attestation is required only if you nephew has the intention of using an order of a foreign court.

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Dear Sir/Madam,

It is not understood as to how and why the wrong information was submitted earlier once the birth certificate was available to him. In the present circumstances, change of birth place would be very dififcult and if any means can be used to get a birth certificate of place Howrah, the purpose would be solved. You are suggested to proceed in this way. If you are bent upon to change the place of birth from Howrah to Murshidabad, first approach the passport authorities and try to know the correct process for the work intended i.e. change of place of birth. If required, then file a case of declaration before the civil court at Delhi.