My brother is currently in USA, working there with H1B Visa and planning to apply for green card under EB-2 category. But the date of birth mentioned in his birth certificate is 20.10.96, whereas the date of birth mentioned in passport and all other documents (like school Leaving certificate, CBSE Class X & XII results) is 20.10.97. For green card he has to submit the original birth certificate , which will create problem in future. So, we have decided to correct the date of birth in passport and other documents. He is a resident of New Delhi and H1B visa has been granted one year ago. His passport will expire on 31.12.2026. 1. Can he change the date of birth in passport and other documents in India like PAN and AADHAR card ? 2. If yes, then what is the procedure for it? 3. After reissue of passport with new date of birth, there will be mismatch between date of birth in passport and date of birth already submitted in USA (for various purposes like student visa, H1B Visa etc which are with USDHS and USCIS). How to proceed for correction in US records without any legal problem for extension of H1B visa as well as application for green card?
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The original place of birth is Kolkata and Passport was issued at Delhi. For any court order, regarding birth certificate can it be pursued at Delhi Court? If yes, then in which court to be approached ?
1) submit application to register of birth in your city for correction, along with supporting documents like an affidavit, the original birth certificate, and other proofs of the correct date of birth, such as school records, hospital discharge summaries, etc
2) affidavit should state the current incorrect date of birth, the correct date of birth, and the reasons for the change . It should be on stamp paper and duly notarised
It's good that your brother is addressing the DOB discrepancy before applying for a Green Card. Here's a breakdown of the process and considerations:
1. Can he change the date of birth in passport and other documents in India like PAN and AADHAAR card?
Yes, it is possible to change the date of birth in Indian documents. However, it will require a strong basis for the change, which in your brother's case is the original birth certificate. The fact that all other documents show a different DOB (20.10.97) while the birth certificate shows 20.10.96 means the birth certificate is likely considered the primary proof of DOB by Indian authorities.
For Passport: The Passport Issuing Authorities (PIA) in India are authorized to consider explanations for changes in DOB, especially when there's a discrepancy between the previously recorded DOB and a new proof of DOB like a birth certificate.
For AADHAAR and PAN: These can also be updated. The UIDAI (Aadhaar) and NSDL/UTIITSL (PAN) have processes for demographic updates, including DOB.
2. If yes, then what is the procedure for it?
The procedure involves applying for corrections/re-issue of the documents. Given your brother is in the USA, he will likely need to apply through the Indian Embassy/Consulate in the US for his passport, and potentially online or through an authorized agency for PAN and Aadhaar, providing the original birth certificate as primary proof.
For Passport (from USA):
Gather Documents: The most crucial document will be his original Birth Certificate (showing 20.10.96). He will also need:
Existing passport.
Self-attested photocopies of all required documents.
Proof of address (in India, as he is a resident of New Delhi).
Proof of his US address.
Possibly an affidavit explaining the discrepancy and requesting the change.
All other documents currently showing 20.10.97 (school leaving certificate, CBSE results, etc.) will likely be needed to show the existing incorrect DOB.
Apply at Indian Embassy/Consulate: He will need to apply for a "Re-issue of Passport" for change in personal particulars. The application will be submitted to the outsourced service provider (like VFS Global, if applicable) working with the Indian Embassy/Consulate in his jurisdiction in the USA.
Online Application: He will typically fill out the online application form on the Passport Seva website (portal6.passportindia.gov.in) and then take a printout to the application center.
Appointment: Schedule an appointment at the VFS Global center or the Embassy/Consulate.
Submission: Submit the application form and all supporting documents in person. The original birth certificate will be paramount.
Fees: Pay the applicable fees for passport re-issue.
Important Note for Passport: If the date of birth in the birth certificate is the one he wants to establish, and it is significantly different from what has been on his passport for a long time, the Passport Authority might scrutinize it. They may even ask for a declaratory order from a Civil Court in India if they suspect the genuineness of the birth certificate, though this is less common if the birth certificate is demonstrably authentic. However, if the birth certificate is from a municipal authority or Registrar of Births & Deaths, it is usually given higher weight.
For AADHAAR Card (from USA):
Limited Online Updates: While some Aadhaar updates can be done online, major demographic updates like Date of Birth generally require a visit to an Aadhaar Enrolment/Update Centre in India.
NRI Update Process: For NRIs, the UIDAI website suggests that for DOB updates, one needs to "Enrol at the nearest centre with birth certificate and affidavit as mentioned in the SOP." If a request for DOB update is rejected due to "limit exceed" (meaning he has tried to change it before or there are restrictions on repeated changes), he might need to contact UIDAI's grievance cell (1947 or [deleted]) and request "exception processing" through a regional office in India, providing the EID/SRN number, new birth certificate, and an affidavit.
Visiting India: The most straightforward way to change DOB in Aadhaar for an NRI, especially if it's a significant correction, would be to do it in person during a visit to India. He would need his original birth certificate and other supporting documents.
For PAN Card (from USA):
Online Correction: PAN card corrections can generally be done online through the NSDL (Protean) or UTIITSL websites.
Procedure:
Visit the official NSDL or UTIITSL website.
Select "Changes or Correction in PAN Data."
Fill out the correction form, specifically ticking the box for DOB correction.
Upload scanned copies of supporting documents, primarily the birth certificate and the corrected passport (once he gets it).
Pay the applicable fee (which might be higher for international dispatch).
He will receive an acknowledgement number to track the application status.
Physical Submission (if required): In some cases, depending on the nature of the correction, physical submission of documents might be required to their Pune address from outside India. This is less common for simple DOB changes if the online portal accepts the scanned documents.
Crucial Step in India: Before he leaves India, or if he has someone reliable in India, he should verify if the birth certificate is correctly registered and retrieve a fresh copy if needed. If the birth certificate itself has an error, that would need to be corrected first in India through the local municipal authority/Registrar of Births & Deaths.
3. After reissue of passport with new date of birth, there will be mismatch between date of birth in passport and date of birth already submitted in USA (for various purposes like student visa, H1B Visa etc which are with USDHS and USCIS). How to proceed for correction in US records without any legal problem for extension of H1B visa as well as application for green card?
This is the most critical part, as discrepancies in immigration records can lead to serious issues.
General Principle: Transparency and proactive correction are key. Trying to hide or ignore the discrepancy will likely lead to more severe problems down the line, especially during the Green Card process which involves thorough background checks.
Steps to take in the USA:
Consult an Immigration Attorney (Highly Recommended): This is not optional. Your brother absolutely needs to engage an experienced US immigration attorney who specializes in H1B and Green Card processes. They can guide him through the specific forms, procedures, and potential implications for his unique situation.
Identify All Documents/Records with Incorrect DOB: He needs to meticulously list every US document and record where the incorrect DOB (20.10.97) has been used. This includes:
Previous visa applications (Student Visa, H1B Visa).
I-94 Arrival/Departure Record.
Employment records (I-9, payroll).
Bank accounts, driving license, social security records (though these are less directly tied to immigration, it's good practice to update them eventually).
Update USCIS and DHS Records:
Form I-94: If the DOB on his I-94 (Arrival/Departure Record) is incorrect, he may need to visit a CBP Deferred Inspection Site or contact USCIS to request a correction.
USCIS Applications (H1B, I-140, I-485): Any past or pending applications with USCIS (like his H1B petition, I-140 Immigrant Petition for Alien Worker filed by his employer, or eventually his I-485 Adjustment of Status application for Green Card) will need to be addressed.
For pending applications: He may need to submit an amendment or a letter explaining the change and providing the new passport and the original birth certificate as evidence.
For approved petitions (like H1B): While the H1B itself is approved, future extensions or the Green Card application will require consistent information. The attorney will advise on how to manage this.
Explain the Discrepancy: For every update, he will need to provide a clear explanation for the discrepancy. This should ideally be supported by an affidavit explaining that the birth certificate is the accurate record, and the other documents (passport, school records) had an inadvertent error that is now being corrected.
Submit Supporting Documents: He will need to submit certified copies of his new passport (with the corrected DOB), his original birth certificate, and potentially a letter from the Indian authorities if they provide one explaining the correction process.
Impact on H1B Extension and Green Card Application:
H1B Extension: A DOB discrepancy, if not properly addressed, could cause issues during H1B extensions. USCIS checks for consistency in records. By proactively correcting it and providing a clear explanation, he minimizes the risk. The key is to demonstrate that the change is a correction to an error, not an attempt to mislead.
EB-2 Green Card Application: This is where it's most crucial. The I-485 (Adjustment of Status) application, which is the final step for a Green Card, requires extreme accuracy. Any discrepancies will be flagged. Submitting the original birth certificate with the correct DOB for the Green Card application while all previous US records (including his initial H1B filings) show a different DOB will create a major red flag if not properly explained and reconciled. The attorney will help him prepare a comprehensive explanation and documentation to present to USCIS.
Priority Date and "Aging Out": For some family-based green card categories, DOB changes can impact "aging out" under the Child Status Protection Act (CSPA). While this is an employment-based (EB-2) application, any change in DOB still needs to be handled carefully as it relates to his identity.
Q2. The original place of birth is Kolkata and Passport was issued at Delhi. For any court order, regarding birth certificate can it be pursued at Delhi Court? If yes, then in which court to be approached ?
Ans. - Generally, no, not for a primary declaration of birth.
Here's why:
Jurisdiction for Birth Registration: The primary authority for birth registration and issuing birth certificates is the Registrar of Births and Deaths of the local body (e.g., Municipal Corporation) in the place where the birth actually occurred. In your brother's case, since he was born in Kolkata, the Kolkata Municipal Corporation (or the relevant local body there) would be the primary authority.
Declaratory Suits (Specific Relief Act): If there's a need for a court order to declare the correct date of birth, or to direct the authorities to issue/correct a birth certificate, such a suit typically falls under the Specific Relief Act, 1963. A declaratory suit can be filed to declare a person's legal character or any right as to any property. The "legal character" here includes one's identity and date of birth.
Territorial Jurisdiction of Courts: For a Civil Court to have jurisdiction over a suit, one of the following usually needs to be true (as per the Code of Civil Procedure, 1908):
The defendant (the party against whom the suit is filed) resides or carries on business in that court's jurisdiction.
The cause of action (the events that give rise to the legal dispute) wholly or in part arises within that court's jurisdiction.
In your brother's case:
The Registrar of Births and Deaths who has the authority to issue/correct his birth certificate is in Kolkata. This authority is the primary "defendant" for a birth certificate-related issue.
The "cause of action" (the discrepancy in the birth record) originates from the place of birth and the records maintained by the Kolkata authorities.
Therefore, a Delhi Court would generally lack territorial jurisdiction to issue a direct order to the Kolkata municipal authorities regarding his birth certificate. The proper court would be a Civil Court in Kolkata (e.g., a Civil Judge (Junior Division) or Civil Judge (Senior Division) court, depending on the valuation of the suit, in the district where the birth occurred or where the Registrar's office is located).
Role of Delhi Passport Office:
The fact that his passport was issued in Delhi is relevant for passport-related corrections, but it doesn't automatically grant Delhi courts jurisdiction over his original birth record. The Passport Office relies on primary documents like birth certificates. If they require a court order for the DOB change, it's typically for the underlying birth record.
When might a Delhi court be involved (indirectly)?
Affidavits: He might prepare affidavits in Delhi, but these are supporting documents, not court orders for correction of the birth certificate itself.
Suit against the Passport Authority (less likely for original birth record): If the Delhi Passport Office refuses to change the DOB on the passport despite a correct birth certificate (and possibly a court order from Kolkata), then a writ petition in the Delhi High Court might be considered against the Passport Authority for their specific action. However, the foundational issue of the birth certificate itself would still point to Kolkata.
If his "permanent address" is definitively Delhi and there's a strong connection: In rare and very specific circumstances, if a person can demonstrate that their permanent residence for all practical purposes is Delhi and there is no other practical recourse, or if a minor amendment to the birth certificate is sought for Delhi-based records (not the original Kolkata one), a Delhi court might entertain a suit. However, this is highly unlikely for a fundamental DOB correction based on the original place of birth being elsewhere.
Procedure for a Court Order (if required, likely in Kolkata):
If the Passport Authority insists on a court order, or if the original birth certificate itself needs correction in Kolkata, your brother would typically need to:
Consult a lawyer in Kolkata: Find a civil lawyer in Kolkata who specializes in such matters.
File a Civil Suit: The lawyer would file a "Declaratory Suit" under the Specific Relief Act in the appropriate Civil Court in Kolkata, seeking a declaration that his correct date of birth is 20.10.96 and/or a mandatory injunction directing the Registrar of Births and Deaths in Kolkata to issue a corrected birth certificate or record.
Provide Evidence: He would need to present the original birth certificate and other supporting documents (school records, etc., showing the discrepancy) to the court. He would also need to explain the circumstances of the error.
Jurisdiction of the Civil Court: The Civil Judge (Junior Division) or Civil Judge (Senior Division) courts have the jurisdiction to hear such suits. The specific court would depend on the pecuniary (monetary value) jurisdiction and the territorial limits within Kolkata.
Recommendation:
Your brother's first step in India should be to consult with a lawyer in Kolkata to understand the exact process for obtaining a fresh or corrected birth certificate from the municipal authority there, even before considering a court order. If the municipal authority can directly correct it based on their records and an affidavit, a court order might not be necessary. If a court order becomes necessary, it will almost certainly be in Kolkata.
Yes he can change the date of birth but he has to show some error in record and raisin for changing it
!}The birth certificate originally issued from Kolkata showing the date of birth as 20.10.96 is a proper birtrh certificate issued by Kolkata Municipality. So, there is no question of changing the records of birth certificate and hence as per our opinion, there is no need to approach the Registrar of death and birth in Kolkata. So, pl clarify this point. 2) For change of date of birth in passport at US the consulate to be approached. What is the best way to approach consulate with or without court order ? The passport is due for renewal in January 2026. Will he take a chane to correct the DOB during renewal ? 3) What is the best option to correct the DOB with court order or without court order ? As he has to correct all documents in India and US is it not better to have a court order? 4) What is the legal sanctity of an Indian court order at USA in future if any legal problem arises like non extension of H1B visa or rejection of green card application? 5) As there is risk involved, would it be better to keep the same DOB till H1B extension (till august 2028) and then go for correction during application of I485 after correction of DOB in Passport? 6) As the wrong DOB was recorded in school as well as passport, how the mistake can be justified? 7) Can a court reject the appeal for change of DOB, although original birth certificate is produced but he is not satisfied with the explanation for change?
You have to approach courts in Kolkata as birth certificate was issued in Kolkata
1) passport office will not change date of birth in passport without court orders
2) court order will be necessary .approach courts in Delhi
3) it is better to approach court s now as litigation s long drawn process
4) court should allow your application
1. It is possible to change the date of birth in a passport, but the process depends on whether the applicant was a minor or major when the original passport was issued and if it's within the allowed timeframe. For minor applicants, changes can be made while they are still minors or upon first reissue after becoming a major. For major applicants, changes are generally allowed within five years of the original passport's issue date. The primary document required for this change is a birth certificate issued by the competent authority.
2. When a passport is reissued with a corrected date of birth in India, the H1B visa holder must update their records with US immigration authorities. This requires informing USCIS about the change and potentially updating the I-94 and other relevant documents. A formal notification to USCIS with supporting documentation is necessary to ensure continued validity of the H1B status and avoid potential issues with future extensions or visa renewals.
If you are already in the US on an H1B visa, and your employer is filing an extension, they should include the updated passport information with the I-129 petition.
t is crucial to update the information with USCIS as soon as possible after the passport is reissued to avoid potential issues with your H1B status.
For correction of the date of birth in a passport, the court jurisdiction is generally where the applicant resides or where the passport was issued, not necessarily the place of birth. Since the passport was issued in Delhi, the Delhi High Court or a relevant district court in Delhi would be the appropriate jurisdiction. If the applicant is now residing in a different location, they may also have the option to file in the court of their current residence.
Q. 1) The birth certificate originally issued from Kolkata showing the date of birth as 20.10.96 is a proper birtrh certificate issued by Kolkata Municipality. So, there is no question of changing the records of birth certificate and hence as per our opinion, there is no need to approach the Registrar of death and birth in Kolkata. So, pl clarify this point.
2) For change of date of birth in passport at US the consulate to be approached. What is the best way to approach consulate with or without court order ? The passport is due for renewal in January 2026. Will he take a chane to correct the DOB during renewal ?
3) What is the best option to correct the DOB with court order or without court order ? As he has to correct all documents in India and US is it not better to have a court order?
4) What is the legal sanctity of an Indian court order at USA in future if any legal problem arises like non extension of H1B visa or rejection of green card application?
5) As there is risk involved, would it be better to keep the same DOB till H1B extension (till august 2028) and then go for correction during application of I485 after correction of DOB in Passport?
6) As the wrong DOB was recorded in school as well as passport, how the mistake can be justified?
7) Can a court reject the appeal for change of DOB, although original birth certificate is produced but he is not satisfied with the explanation for change?
Answer - Let's break down each of your points regarding the date of birth discrepancy and its correction.
1) Clarity on Birth Certificate and Kolkata Municipality
Your understanding is generally correct. If you have an original birth certificate issued by the Kolkata Municipality showing the date of birth as 20.10.96, this is a primary and legally valid document for your date of birth in India.
There is typically no "changing the records" of a birth certificate once it's officially issued by the municipal authority. The birth certificate itself is considered the foundational document. If other documents (like school records or an old passport) have a different date of birth, it's those other documents that need to be corrected to align with the birth certificate, not the other way around.
Therefore, you are correct in saying there's no need to approach the Registrar of Births and Deaths in Kolkata to "change" the birth certificate records if the original birth certificate itself is correct and reflects 20.10.96. The task is to get all other documents to reflect what your birth certificate states.
2) Change of Date of Birth in Passport at US Consulate: Best Way to Approach
To change the date of birth in an Indian passport while in the US, you will need to approach the Indian Consulate or Embassy that has jurisdiction over your residence. VFS Global typically handles these applications on behalf of the Indian missions in the US.
Best way to approach: With or without a court order?
Generally, having a court order is highly recommended, especially when there's a significant discrepancy or if the Passport Issuing Authority (PIA) is likely to question the reasons for the change.
While the Passport Authority's guidelines for DOB correction do allow for changes based on a valid birth certificate, especially if the application is made within 5 years of the passport's issuance (though recent judgments allow for consideration even beyond this period if supported by a genuine birth certificate), the fact that the "wrong DOB was recorded in school as well as passport" suggests a long-standing discrepancy. This might raise flags and lead the passport authority to seek further proof or even a declaratory court order.
Will he take a chance to correct the DOB during renewal in January 2026?
Yes, he can certainly attempt to correct the DOB during renewal. In fact, passport re-issuance is the usual process for making such corrections. When applying for re-issuance, he will need to select the option for "Change in Date of Birth" and provide the necessary supporting documents.
Documents typically required for DOB correction in Indian Passport (in addition to standard renewal documents):
Original Birth Certificate issued by the Municipal Authority or Registrar of Births & Deaths. This is your strongest piece of evidence.
Affidavit explaining the discrepancy: A notarized affidavit clearly stating the correct date of birth, the incorrect date of birth, and the reasons for the discrepancy (e.g., error in school admission, clerical error).
School Leaving Certificate or other educational records: While these show the incorrect DOB, they serve as part of the documentary trail. You will be using the birth certificate to correct the discrepancy with these.
Original Passport with the incorrect DOB.
Proof of present address in the US.
Proof of valid visa status in the US.
Given the existence of an original birth certificate from Kolkata Municipality, this should be the primary document to rely on.
3) Best Option to Correct DOB: With or Without Court Order? And for other documents?
Given the long-standing discrepancy (wrong DOB in school and passport), obtaining a court order is generally the best and safest option. Here's why:
Legal Sanctity: A court order from India (a declaratory decree) unequivocally establishes the correct date of birth. This carries significant legal weight.
Streamlining other corrections: Once you have a court order declaring the correct DOB, it becomes much easier to correct other documents in India (e.g., school records, Aadhaar, PAN card). You simply present the court order along with your original birth certificate.
Future Immigration (US): As discussed below, a court order provides robust documentation for any future US immigration processes, demonstrating a clear legal basis for the change. It shows that the change isn't arbitrary but legally validated.
Reduced Discretion: While passport authorities are supposed to consider genuine birth certificates, a court order limits their discretion to deny the change, especially if they are not satisfied with the explanation for the initial error.
Without a court order, you are relying solely on the Passport Authority's discretion, which, while guided by rules, can sometimes be conservative, especially for older discrepancies. They might ask for more evidence or even suggest you get a court order anyway.
4) Legal Sanctity of an Indian Court Order at USA in Future (H1B/Green Card)
An Indian court order regarding a date of birth correction can hold significant legal sanctity in the USA for immigration purposes, but it's not automatically recognized in the same way a US court order would be. Here's how it generally works:
Evidence for USCIS: US Citizenship and Immigration Services (USCIS) or the Department of State (for visa stamping) will consider an Indian court order as strong supporting evidence for the correct date of birth. It demonstrates that the change has been legally recognized and validated in your home country.
Proving Legitimacy: When presenting a court order, it's crucial to also present the underlying documentation that led to the order (your original birth certificate) and an explanation for the discrepancy. This helps establish the legitimacy of the change.
"Prima Facie" Evidence: While not a direct enforceable decree in the US without further legal action (which is generally not required for immigration purposes in such cases), it serves as "prima facie" evidence, meaning it is accepted as correct unless proven otherwise.
Addressing Potential Issues: US immigration authorities are very sensitive to inconsistencies in personal data. A court order helps pre-empt concerns about misrepresentation or fraud by providing a clear, legally sanctioned explanation for the change.
Not a Guarantee, but a Strong Tool: It doesn't guarantee a specific immigration outcome, but it significantly strengthens your case and reduces the risk of issues arising from the DOB discrepancy.
In summary, an Indian court order is a valuable document to present to US immigration authorities to explain and substantiate a change in your date of birth.
5) Risk Involved: Keep Same DOB till H1B Extension/I485?
This is a critical strategic decision with significant risks.
Keeping the wrong DOB carries substantial risks:
Misrepresentation/Fraud: Intentionally maintaining an incorrect date of birth on official documents, especially immigration documents, can be considered misrepresentation or even fraud by USCIS. This can lead to severe consequences, including visa denials, Green Card denials, and even deportation.
Consistency is Key: USCIS heavily relies on consistent information across all documents. Any discrepancies, if discovered, will require thorough explanation and can lead to Requests for Evidence (RFEs), delays, or denials.
Future Impact: While you might get away with it for H1B extensions, the I-485 (Adjustment of Status for Green Card) is a much more scrutinized process. Discrepancies often come to light during this stage, and it's far more difficult to correct them then.
"Aging Out" for Dependents: If there are dependent children, an incorrect DOB for the primary applicant could also impact their eligibility, especially if they are close to "aging out" (turning 21).
Recommendation:
It is generally highly advisable to correct the DOB as soon as possible rather than waiting. The longer the discrepancy persists, the harder it is to explain and justify, and the greater the risk of adverse immigration consequences.
Best Approach:
Start the DOB correction process for the Indian Passport immediately. While your passport is due for renewal in Jan 2026, you can apply for a re-issuance for correction of particulars even before that.
Consider obtaining the Indian court order first. This provides the strongest basis for the passport correction.
Once the passport is corrected, then update other US-based documents (e.g., Social Security, driver's license, if applicable) to reflect the new, correct DOB.
For H1B extensions and I-485: When filing these applications, you must disclose the discrepancy and provide all supporting documentation (original birth certificate, corrected passport, and especially the court order and an affidavit explaining the history of the error). Transparency is key. USCIS is more understanding of genuine errors that are corrected and fully disclosed.
6) Justifying the Mistake (Wrong DOB in School and Passport)
The key to justifying the mistake is transparency and providing a plausible explanation.
Primary Explanation: The most straightforward and often accepted explanation is that the initial entry in school records was due to a clerical error or a misunderstanding at the time of admission. This often happened, especially decades ago, where birth certificates might not have been strictly enforced, and school authorities might have noted down an approximate date or relied on verbal information.
Evidence: Your strongest evidence will be the original birth certificate from Kolkata Municipality (20.10.96). This document predates the school records and passport and is the most authoritative proof of birth.
Affidavit: A detailed, notarized affidavit from the individual (and potentially parents if they are still alive and recall the circumstances) explaining how the error occurred in the school records and subsequently carried over to the passport. Emphasize that it was an inadvertent error and not an intentional misrepresentation.
Chronology: Present a clear chronology of events: original birth certificate (correct DOB) -> school admission (incorrect DOB) -> passport (incorrect DOB based on school records) -> discovery of error -> steps taken to correct.
The courts and passport authorities have acknowledged that such errors can occur, especially when the birth certificate itself is demonstrably correct.
7) Can a Court Reject the Appeal for Change of DOB?
Yes, a court can reject an appeal for change of DOB, even if an original birth certificate is produced, if it is not satisfied with the explanation for the change or if it suspects foul play. While the original birth certificate is highly persuasive evidence, courts look at the totality of circumstances. Reasons for rejection might include:
Lack of Credible Explanation: If the explanation for the long-standing discrepancy or the delay in seeking correction is deemed unreasonable or fabricated.
Suspicion of Fraud/Manipulation: If the court suspects that the birth certificate itself might have been tampered with or procured fraudulently, or that the intent is to gain an unfair advantage (e.g., extend service period, meet age criteria for a benefit).
Insufficient Supporting Evidence: If, despite the birth certificate, other corroborating documents are completely contradictory or the overall evidence doesn't paint a clear picture.
Res Judicata/Estoppel: If the matter of DOB has already been litigated and decided by a court previously, or if the individual is legally "estopped" from making such a claim due to prior contradictory statements made under oath.
However, in a case where a genuine, original birth certificate from a competent municipal authority is presented, and a plausible (even if it's "clerical error") explanation is provided, the chances of a court rejecting the appeal are significantly lower. The courts generally lean towards ensuring that official records reflect the true facts, especially when supported by primary documentary evidence like a valid birth certificate. It would be important to present a compelling and honest narrative of how the error occurred and why it is being sought to be corrected now.
1. You are right, you need not approach Registrar of births and deaths at Kolkata for this purpose, the problem is with the passport, hence you may have to approach a court in Delhi where the passport was issued.
2. First you get the passport reissued with correct date of birth incorporated in it after complying with the procedures. After that you may apply for correction in other documents based on the pasport.
3. If the applicant was a major when the first passport was issued with an incorrect date of birth, the correction can be made within five years of the first passport's issuance. No changes are allowed after five years. A genuine birth certificate is required as proof. If the passport authorities permit reissue of passport then there is no necessity to approach court but you may have to see if it is barred by limitation.
.4 Indian court cannot pass on any instruction on US authorities in their immigration rules,
The Indian court may grant you the relief what you seek from it if it is found to be genuine and convincing. You cannot question the US authorities if they reject the application for the reasons they may quote by citing their relevant rules and regulations.
5. It is you who has to decide, no opinion can be rendered for your own idea and thoughts.
6. Introspect the reasons for this mistake and look for the ways to rectify it.
7. Court's discretion cannot be challenged, however if you are aggrieved by the orders of the court, you may prefer an appeal agaisnt the orders before the appellate court
If there is no error in your birth date you can’t legally change your dob in passport based on birth certificate
Apply for reissue of pp with change of name enclosing affidavit attested by judicial Magistrate of First Class or subdivisional Magistrate and document No. 7.
From the answers received from different lawyers there are contradictions in following areas. May pl clarify these points: 1. My brother is 29 yrs old (DOB 20.10.1996). If my brother approaches the US consulate for reissue of passport with correction in DOB whether his application can be outright rejected on the ground that he is an adult and passport issued more than five years before? Or whether he may be asked to produce one court order ? What is the latest passport rule in this regard? What is the expected outcome? 2. My brother's birth place is Kolkata and Birth certificate issued by KMC. But now he is working in USA. His passport issued from New Delhi and permanent residential address is in New Delhi. In this case which court to be approached. Is presence of my brother required for pussuing the case. How much time it normally takes to issue a court order? Is endorsement by West Bengal Govt required after court order? 3. If the passport is reissued by US consulate after DOB correction without court order, he has to inform all US authorities to correct the US records. In that case, he may face difficulty if he does not have the court order. So is it not prudent to first tryto obtain court order and then approach the consulate for reissue of passport and then correct all records in USA ? 4. He is eligible to apply for reissue of passport in January 2026. Will he take a chance to try to reissue of the passport and sinultaneously correct the DOB in it. The other option is to reissue the passport without correction in January 2026 and after getting the court order again apply for reissue of passport with DOB correction. Pl state which option will be better.
Q . From the answers received from different lawyers there are contradictions in following areas. May pl clarify these points:
1. My brother is 29 yrs old (DOB 20.10.1996). If my brother approaches the US consulate for reissue of passport with correction in DOB whether his application can be outright rejected on the ground that he is an adult and passport issued more than five years before? Or whether he may be asked to produce one court order ? What is the latest passport rule in this regard? What is the expected outcome?
2. My brother's birth place is Kolkata and Birth certificate issued by KMC. But now he is working in USA. His passport issued from New Delhi and permanent residential address is in New Delhi. In this case which court to be approached. Is presence of my brother required for pussuing the case. How much time it normally takes to issue a court order? Is endorsement by West Bengal Govt required after court order?
3. If the passport is reissued by US consulate after DOB correction without court order, he has to inform all US authorities to correct the US records. In that case, he may face difficulty if he does not have the court order. So is it not prudent to first tryto obtain court order and then approach the consulate for reissue of passport and then correct all records in USA ?
4. He is eligible to apply for reissue of passport in January 2026. Will he take a chance to try to reissue of the passport and sinultaneously correct the DOB in it. The other option is to reissue the passport without correction in January 2026 and after getting the court order again apply for reissue of passport with DOB correction. Pl state which option will be better.
Ans. - It's important to clarify that your brother's passport is an Indian passport. Therefore, the rules of the Indian Passport Authority (Ministry of External Affairs, Government of India) apply, even if he's applying through the US consulate (which facilitates Indian passport services through VFS Global). The US consulate/embassy primarily handles US citizen services, and for Indian citizens, they act as an intermediary for Indian government services.
Here's an analysis of your questions based on current Indian passport rules and general legal procedures:
1. Rejection of Application and Court Order Requirement for DOB Correction
Can it be outright rejected?
According to the Passport Seva Kendra (PSK) guidelines and information from VFS Global, if an applicant was a major (18+) when their first passport with an incorrect Date of Birth (DOB) was issued, they can generally correct it within five years of issue of that first passport. After five years, the request for a DOB change for major applicants might be rejected. However, there are also statements suggesting that changes are possible even after 5 years, provided there is a "solid reason and proof." This indicates some discretion at the passport authority's end.
In your brother's case, he is 29 and his DOB is 20.10.1996. If his current passport was issued more than 5 years ago, and he was already an adult when it was issued, his application for a DOB correction might face scrutiny and could be rejected based on the "5-year rule" for adults.
Will he be asked to produce a court order?
Yes, it is highly likely that he will be asked to produce a court order. While the official guidelines state that the Passport Authority "will not relegate the applicant to obtain the declaratory order to carry out changes with regard to date of birth in the passport, as the Passport Authority subject to the condition that the case has been submitted by the applicant within the stipulated limit of 5 years from the date [of issue of the incorrect passport]", the very fact that he is beyond this 5-year limit for an adult means a court order becomes a strong possibility. Especially if there's a significant discrepancy or doubt, the passport officer can ask for a civil court declaration. The general advice for significant DOB changes, especially after a long period, is to obtain a court order.
What is the latest passport rule in this regard?
The current guidelines are somewhat ambiguous and have been subject to different interpretations. While some sources indicate a strict 5-year limit for adults, others suggest that with "solid reason and proof" (like a court order or a genuine birth certificate), changes can be made even after 5 years. The underlying principle is to prevent fraudulent changes. A genuine birth certificate from the Municipal Corporation (KMC in his case) is the strongest primary proof.
What is the expected outcome?
Given he is an adult and the passport was issued more than 5 years ago, the most likely outcome is that his application for DOB correction without a court order will be put on hold or potentially rejected, and he will be advised to obtain a declaratory court order from a competent civil court in India. The Birth Certificate from KMC is a crucial supporting document, but the court order would essentially validate the change requested by an adult after a significant period.
2. Which court to approach, presence, and time for court order
Which court to be approached?
Since your brother's birth place is Kolkata and his birth certificate was issued by KMC, the appropriate court to approach for a declaratory suit to correct the DOB would be a Civil Court (Court of Civil Judge, Junior Division or Senior Division, depending on the pecuniary jurisdiction) in Kolkata. The jurisdiction is typically determined by the place where the cause of action arises (i.e., where the original birth record was made and needs correction) or where the defendant (in this case, possibly the Registrar of Births and Deaths, KMC, or the Passport Authority) resides or has its office. His permanent residential address in New Delhi or his current working location in the USA does not change the jurisdiction for a declaratory suit related to his birth record.
Is presence of my brother required for pursuing the case?
For filing the initial suit and for certain procedural aspects, his physical presence may not be strictly required if he grants a Special Power of Attorney (SPA) to a trusted family member or a lawyer in India. The SPA should specifically authorize them to represent him in court for this specific purpose. However, depending on the court's discretion and specific case requirements, his presence might be requested at crucial stages, especially for testimony if the court deems it necessary. It's generally advisable for the individual to be present if possible, but an SPA can often suffice for much of the process.
How much time it normally takes to issue a court order?
This can vary significantly depending on:
Generally, a declaratory suit for a simple DOB correction, if well-documented and uncontested, could take anywhere from 6 months to 1.5 years or more. Contested cases or those with procedural delays can take even longer. There is no fixed timeline.
Is endorsement by West Bengal Govt required after court order?
The court order itself is a legal directive. Once a civil court in Kolkata issues an order declaring the correct Date of Birth, that order is legally binding. The KMC (the birth registration authority) would then need to update their records based on this court order. An explicit "endorsement" by the West Bengal Government after the court order is generally not a separate procedural step for the passport application, but the court order directing the Registrar of Births and Deaths, KMC to correct the birth record is crucial. The passport authority will primarily look for the court order and the updated birth certificate (or a certified copy of the court order along with the original birth certificate).
3. Prudence of obtaining a court order first
Yes, it is highly prudent and strongly recommended to first try to obtain the court order and, if necessary, get the birth certificate updated by KMC, and then approach the consulate for reissue of the passport with the DOB correction.
Here's why:
4. Which option will be better: Reissue with correction now vs. Reissue without correction and then again for correction?
Given the complexities and potential for rejection, and the need for consistency with US records, the better option is to first obtain the court order and then apply for the reissue of the passport with the DOB correction.
Here's a breakdown of why:
Option 1: Try to reissue the passport and simultaneously correct the DOB in January 2026.
Option 2: Reissue the passport without correction in January 2026 and after getting the court order again apply for reissue of passport with DOB correction.
Recommendation:
The most prudent and legally sound approach is to initiate the process for obtaining a declaratory court order from a Civil Court in Kolkata as soon as possible. Once the court order is secured, then apply for the reissue of his Indian passport with the corrected DOB. This might take more time upfront but will save him from potential rejections, legal complications, and significant headaches down the line, especially concerning his official records in the USA.
1. The US consulate is not the authority to issue passport, but the Indian consulate can consider the application. But please note that if the applicant was a major when the first passport was issued with an incorrect date of birth, the correction can be made within five years of the first passport's issuance. No changes are allowed after five years.
2. He has to approach the jurisdictional court in Delhi for the needful. The time taken for disposal of the suit by court cannot be predicted owing to various factors involved in it and it may take more than a year to get disposed.
3. First of all the US consulate is not competent to reissue passport to Indian citizens. Secondly the passport once reissued either through the competent passport authority or by a direction though court, the correction in the documents submitted to the US immigration authorities have to be duly carried out lest he would suffer a set back. Especially in the given circumstances prevailing in US he may have to face legal consequences too if he is not abiding with procedural compliances as per law of that country in this regard.
4. Renewal of passport is also considered as reissue only. If you apprehend problems due to the mismatch in the date of birth then it would be better that you get both the things done simultaneously
Yes he can reissue but can’t change the correct dob in any manner legally
Passport DOB Change Needs Court Order: Since over 5 years passed and he’s an adult, passport rule requires a civil court order to change DOB.
Which Court?: File a declaratory suit in Delhi civil court (since passport issued/address is in Delhi). Brother’s presence not needed; a power of attorney to a local relative/lawyer is enough. Court order may take 3–6 months.
Best Option: Get court order first, then apply for passport reissue with DOB correction via Indian Consulate in the US. After that, update US records (H1B/Green Card).
Don’t wait till 2026. Apply for correction only after court order, not during normal reissue.
Without court order, US authorities may reject corrected documents. So court order is legally safer and cleaner.
You’ve raised a detailed and multi-faceted query concerning correction of date of birth (DOB) in Indian and US records for your brother, who is currently on an H1B visa and planning for a green card under the EB-2 category. Here's a structured response based on Indian legal and administrative procedures, Indian passport rules, and potential implications under US immigration laws.
1. Can DOB be changed in Indian documents like Passport, PAN, and Aadhaar?
Yes, it is possible but not easy. As per Ministry of External Affairs (Passport Rules), change in date of birth after 5 years of passport issuance or after the applicant is over 18 years is not ordinarily allowed, unless supported by a civil court order declaring the correct date of birth.
So for your brother (29 years old), a court order is mandatory to change the DOB in passport.
Once corrected in the passport, the same court order can be used to update Aadhaar, PAN, and other Indian documents by following respective procedures.
2. Where and how to get the court order?
Since the birth certificate is issued in Kolkata, and the record lies with the Kolkata Municipal Corporation, the appropriate jurisdiction is Kolkata, not Delhi.
However, if your brother’s current permanent address (as per passport) is in Delhi, Delhi courts may still accept jurisdiction, especially if the affidavit and evidence relate to events and documents generated there (like school records, passport, etc). This depends on the judge's discretion.
He would need to file a civil declaratory suit in the District Civil Court or High Court (Original Side, if value warrants) stating the discrepancy, submitting:
Original birth certificate (from KMC)
Passport
School documents
Affidavit explaining the error
Evidence of consistent use of wrong DOB
His personal presence is usually not required, as the advocate can file and argue the matter. Timeframe is around 4 to 6 months, depending on complexity and court schedule.
No endorsement is required from West Bengal govt after court order. The court decree will be considered conclusive for Indian public authorities.
3. Whether to approach the Indian Consulate in US with or without court order?
Approaching the Indian Consulate in the US without a court order for DOB correction will likely lead to rejection, especially since:
Your brother is over 18
Passport was issued more than 5 years ago
The discrepancy is with a government-issued birth certificate, which overrides all other documents
As per current passport rules, the court order is mandatory in such adult DOB correction cases.
So yes, it is more prudent to obtain the court order first, and then approach the Indian Consulate for reissue with corrected DOB.
4. Can US authorities accept an Indian court order for DOB correction?
In most cases, USCIS/US authorities will consider a foreign court order as valid evidence if:
It's translated into English (if needed)
Properly attested and apostilled (Indian Ministry of External Affairs)
Accompanied by a corrected passport and consistent Indian documentation
However, they may still scrutinize the DOB correction closely, especially if prior US documents (e.g., H1B, F1 visa) list the old date.
Hence, even with an Indian court order, there is no guarantee that USCIS will accept the correction without raising RFEs or initiating administrative review.
5. Should he wait till H1B extension and correct during I-485 filing?
This is a strategic decision. Since the DOB is already used in all US records (visa, I-94, SSN, IRS, etc.), correcting it before I-485 could raise red flags unless all Indian and US documents are aligned by then.
So if urgency is low, it may be safer to defer the correction until H1B extension or green card I-485 phase (possibly around 2028), provided he maintains clear documentation of original birth certificate and reasons for discrepancy.
6. How can the original mistake in school/passport be justified in court?
This is key to the case. You must prepare a strong affidavit explaining:
The error was unintentional
The DOB was entered incorrectly in school forms due to family misunderstanding or mistake
It was carried forward into official records like passport
The real DOB is as per birth certificate, and this application is to bring consistency
Courts usually understand these situations if documents are consistent and you are not trying to gain undue benefit.
7. Can the court reject the application even with the birth certificate?
Yes, if the explanation is weak, or if the judge suspects an ulterior motive, the court can dismiss or reserve judgment.
That’s why the application and supporting documents must be carefully prepared, showing consistent residence, education, and employment, along with the need for accurate legal records.
8. Passport reissue in 2026: Correct then or wait for court order?
The best option is:
File declaratory suit in India now
Get court order within 4–6 months
Use court order to apply for passport reissue before 2026, ideally during a visit to India or through Indian consulate with POA from family
This ensures clean records for I-485 stage and future immigration paperwork.
Conclusion
Changing DOB is complex, but not impossible. Since you have the original birth certificate, your case is stronger than most. However, you must first get a civil court declaration before correcting Indian and US records. This is especially crucial for immigration stability and avoiding mismatch issues later during green card processing.
