United States District Court, D. Oregon
Usanee Thumajaree Beaverton, OR. Pro Se Plaintiff
James E. Cox, Jr. U.S. Attorney's Office District of Oregon Portland, OR. Attorney for Defendant
OPINION & ORDER
MARCO A. HERNNDEZ, District Judge.
Petitioner Usanee Thumajaree seeks to amend the date of birth that appears on her naturalization certificate from January 21, 1948 to January 21, 1944. An evidentiary hearing was held on March 26, 2014. I grant the petition .
Petitioner is a naturalized United States citizen and a native of Thailand. Certified Admin. R. ("CAR") 13. Petitioner first entered the United States in December 1975 on an F-1 student visa. CAR 60. At the hearing, Petitioner stated that she was told to apply for a Social Security number, and she did so with her Thai passport. In January 1976, Petitioner requested a change in immigrant status to J-2 so that she could join her husband, a Thai citizen who had obtained a J-1 visa. CAR 72-73.
Petitioner divorced her husband in November 1982. CAR 67. She remarried in August 1983, CAR 101, and applied for permanent residence one month later, CAR 38. Petitioner became a lawful permanent resident in April 1984. CAR 34-35. Petitioner divorced again in June 1985. CAR 29. In June 1989, she petitioned for naturalization. CAR 28-31. Petitioner received her naturalization certificate in December 1989. CAR 13.
On November 29, 2009, Petitioner applied for a new naturalization certificate, explaining that her birth date on her naturalization certificate was incorrect. CAR 12. In support, Petitioner provided her Thai birth certificate and the corresponding English translation, CAR 14-15, transcripts from colleges she attended in Thailand, CAR 17-18, a medical insurance card, CAR 20, and a Social Security statement, CAR 21-24. In January 2010, her request was denied because she failed to show that the error in her birth date was due to a clerical error or that the asserted date of birth was not supported by her application for naturalization. CAR 6.
In December 2013, Petitioner filed this petition to request that the date of birth on her naturalization certificate be changed to January 21, 1944, four years earlier than the current date of January 21, 1948. Petition 1. Petitioner explained at the hearing that she is unable to renew her driver's license because the birth date on her license differs from her Social Security record. The following chart summarizes the discrepancies in Petitioner's date of birth on various documents.
DOCUMENT DOCUMENT DATE BIRTH YEAR Copy of Thai birth certificate (CAR 14-15) April 2008 1944 Suan Suanandha Teachers College Transcript (CAR Unknown 1944 18) The College of Education (Thailand) Transcript Unknown 1944 (CAR 17) Thai passport (CAR 58) December 1975 1948 Social Security Statement (CAR 21) November 2007 1944 Application to Change to J-2 Status (CAR 72-73) January 1976 1944 Certificate of Marriage to Kipp Fisher (CAR 63) August 1983 1948 Application for Permanent Residence (CAR 36-38) September 1983 1948 United States Information Agency letter regarding April 1984 1944 waiver of foreign residence requirement (CAR 42) Petition for Naturalization (CAR 28-31) June 1989 1948
The petitioner bears the burden of showing that the date on her naturalization certificate is incorrect and that the new date asserted is actually the correct date. Kouanchao v. USCIS , 358 F.Supp.2d 837, 838 (D. Minn. 2005); Binh Quang Le v. USCIS, No. C11-01871 HRL, 2011 WL 3678909, at 2 (N.D. Cal. Aug. 22, 2011). The regulations are resistant to changing birth dates ...