Wrong birth date on the Petition for Citizenship

Determine if an ancestor was ever naturalized and, if so, discuss your consulate's requirements for proving this.

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Wrong birth date on the Petition for Citizenship

Postby AJG » Wed Feb 10, 2010 2:46 pm

My Grandfather's Declaration of Intention and the Petition for Citizenship has the incorrect birth date for him and my father. The dates do not agree with the birth certificates of both my grandfather and my father.
The New York City Consulate wrote and informed me to obtain to obtain ether of;
An official "affidavit to amend a record" from the Vital Statistics office, or,
An official statement from a court judge declaring that the person on the petition and the certificate of birth are the same person. for both my grandfather and father.
My questions are;
1. What is the Vital Statistics Office
2. Should I try from with a letter from NARA stating that my grandfather was never a citizen, because of the birth date.
3. What Court or judge or type of Motion has to made for a Judge to make this declaration?
It seems that all else is OK and this is the only roadblock. Any suggestions, advice or help will be really appreciated.

Thanks in advance,
Anthony
AJG
 
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Re: Wrong birth date on the Petition for Citizenship

Postby azsumrg1rl » Thu Feb 11, 2010 12:19 pm

You're in a bit of a pickle, especially since you've said the naturalization papers have the incorrect dates. You can't amend/correct naturalization papers, so you have to either officially change all other documents to list the incorrect dates or get a court order that states the person on the petition and the person in the other documents is the same person, as the consulate has pointed out.

A few questions:
--Is your GF alive?
--Is your father alive?

If they are living, this process may be a little easier.

To answer your questions:
1. It sounds like NY is asking you to change the date of birth on your GF and F birth certificates. You likely got your copies of their birth certificates from a Vital Statistics office, but you may not have realized it. Contact the entities that issued you the certified copies and ask them about their amendment/correction process. Correcting a name is usually pretty simple. I suspect correcting the date of birth might be a challenge.
2. I don't think that is going to happen, nor is it correct. I should also note that NY makes applicants whose ancestor never naturalized jump through a lot more hoops. It's easier if you can prove naturalization.
3. I'd start with a call to your county superior court. Explain to them the situation and ask what the filing process for such a court order would be.

I'd suggest trying the court order first, as this is likely the easiest fix and it doesn't legally change your GF and F birth dates.
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Re: Wrong birth date on the Petition for Citizenship

Postby AJG » Thu Feb 11, 2010 5:36 pm

Both my grandfather and father are dead. I cannot change any birth certificate dates one is Italian and the other is NY. I am sure the court solution is the best bet. I am just wondering what would be the basis of the motion to declare that the 2 people in the petition are the same as persons on the birth certificates of my father and grandfather.
Anthony
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Re: Wrong birth date on the Petition for Citizenship

Postby azsumrg1rl » Fri Feb 12, 2010 12:09 pm

I think you simply need to present the facts. Show all the vital records and explain that they indicate the correct birthdates. Show the naturalization paperwork and explain that the birthdate is incorrect, but that there is no doubt (based on the address given, names on the paperwork, etc.) that this document does relate to your ascendants and that the birthdate is simply an error. Then explain that you understand that the naturalization paperwork cannot be amended, so you are requesting an official court order/statement that confirms that the naturalization papers and the vital records pertain to the same individuals. If need be, you can explain that this is a requirement from the Italian Consulate in order to recognize your Italian dual citizenship status that you have had since birth.
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Re: Wrong birth date on the Petition for Citizenship

Postby AJG » Thu Mar 25, 2010 12:06 pm

:D Thank you for your reply azsumrg 1rl. What I did was to file an Affidavit showing what was incorrect and what the correct dates should be, with an explanation that by personal knowledge I know the persons in the document are my grandfather and father. I had the Affidavit Notarized and sent back to the New York Consulate on March 2, 2010. On March 23rd I received an email stating that my documents have been sent to the commune and I can obtain a passport.

I was shocked by the quick reply and pleased by the results. Frankly I thought the Affidavit would not be accepted.

Thanks again for your input.
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Location: Queens, NYC

Re: Wrong birth date on the Petition for Citizenship

Postby azsumrg1rl » Fri Mar 26, 2010 12:47 pm

Glad to hear it worked out well! :-)
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Re: Wrong birth date on the Petition for Citizenship

Postby Little Flower » Tue Aug 17, 2010 4:07 pm

AJG wrote :
> What I did was to file an Affidavit showing what was incorrect and what the correct dates should be,
> with an explanation that by personal knowledge I know the persons in the
> do****ent are my grandfather and father. I had the Affidavit Notarized and
> sent back to the New York Consulate on March 2, 2010. On March 23rd I
> received an email stating that my do****ents have been sent to the commune
> and I can obtain a passport.
>
> I was shocked by the quick reply and pleased by the results. Frankly I
> thought the Affidavit would not be accepted.
>
> Thanks again for your input.

Thanks for the update...and more importantly, congrats on the good news AJF
Being in a similar situation, could you please give details of where you filed the affidavit and how you went about doing it?

Thanks

LF
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Re: Wrong birth date on the Petition for Citizenship

Postby AJG » Wed Aug 18, 2010 5:59 am

I filed the Affidavit with the NYC Italian Consulate. I simply explained the particulars of the problem and what I knew to be true.
AJG
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Re: Wrong birth date on the Petition for Citizenship

Postby jenniferl » Thu Sep 09, 2010 4:35 pm

AJG, Any advice on how to write an Affidavit?
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Re: Wrong birth date on the Petition for Citizenship

Postby AJG » Thu Sep 09, 2010 6:21 pm

No specific manner of writing. Only state what you personally know to be true in detail.
AJG
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Re: Wrong birth date on the Petition for Citizenship

Postby subakitty » Wed Dec 29, 2010 7:07 pm

AJG:

I have recently run into the same problem--My GGF Birthdate is one year different on his naturalization petition than the year that is listed on his Italian Birth Certificate.

I didn't think this would be a problem for me as 2 people in my family have already received their citizenship thorough this bloodline.

The NY consulate wrote me and asked me to get an official statement from a court judge or the competent offices that the person indicated on both documents (my GGF) is one and the same person.

I have written the affidavit and am hoping that will work instead as I tried to get the court judge statement and that office said they don't give those letters out anymore!


Did you get the same request as me? Also, did you deal with Eva Barone?

Thanks so much for your help.
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Re: Wrong birth date on the Petition for Citizenship

Postby AJG » Wed Dec 29, 2010 8:08 pm

No tp both of your questions
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