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randomstairs

Country of birth I-485 vs N-400

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When I applied for several visas the instructions for the "country of birth" clearly stated to provide the CURRENT name of the country in which I was born. In my case this name is different from the name the country had at the time of my birth. My birth certificate, foreign passport and other documents state only the CURRENT name of the country of birth (same as country of citizenship). 

But on N-400 it clearly states to provide the name of the country of birth as it was called at the time of birth (e.g. USSR, not Ukraine). 

 

Now, in the I-485 there is no instruction in regards to this whatsoever. So when I filled it, I put the CURRENT name of the country where I was born instead of the name at the time of birth (I was going by instructions from my previous visa applications). When I file the N-400 I will go by the instructions there.

 

Is this dependency between the current name of the country of birth (e.g. Ukraine) on the Green Card and the old name (e.g. USSR) in the N-400 cause any problems? Does anyone have the official instructions for this question in I-485? Thanks! 


03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received

 

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I did a bit of research and it seems that the DoS (issuing visas, US passports, etc) always goes by the CURRENT name of the country one is born in. The USCIS, however, goes by the original name of the country at the time of birth BUT this is instructed ONLY in the N-400, not in I-485 or any other I-xxx form. Now there will be a discrepancy between the name of the place of birth between my GC and N-400. Avvo attorneys mostly say it doesn't matter because both names refer to only one (and true) place...


03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received

 

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So, just to confirm my findings: 

 

For visa applications (non-immigrant or immigrant) or for US passport use the DoS definition of "country of birth" (the current name of the country) but with USCIS (I-xxx forms or N-400) you should probably use the name of the country at the time of birth (as evident from new instruction forms, e.g. I-765). I've only used the DoS definition so far and so have many other applicants. Please, anyone, let know if you encountered any issues due to this definition inconsistency. Thanks!

Edited by randomstairs

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received

 

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On 11/30/2018 at 1:33 AM, randomstairs said:

When I applied for several visas the instructions for the "country of birth" clearly stated to provide the CURRENT name of the country in which I was born. In my case this name is different from the name the country had at the time of my birth. My birth certificate, foreign passport and other documents state only the CURRENT name of the country of birth (same as country of citizenship).  

But on N-400 it clearly states to provide the name of the country of birth as it was called at the time of birth (e.g. USSR, not Ukraine). 

 

Now, in the I-485 there is no instruction in regards to this whatsoever. So when I filled it, I put the CURRENT name of the country where I was born instead of the name at the time of birth (I was going by instructions from my previous visa applications). When I file the N-400 I will go by the instructions there. 

 

Is this dependency between the current name of the country of birth (e.g. Ukraine) on the Green Card and the old name (e.g. USSR) in the N-400 cause any problems? Does anyone have the official instructions for this question in I-485? Thanks! 

You're allowed to clarify things with your N-400 application. I'm not sure of if the online application allows extra space for clarifying things, if not bring it up during the interview.


Citizenship Journey:

 

(Month 1)-   N-400 sent: 12/20/17

(Month 2)-   Fingerprints: 01/11/18

(Month 8)-   Interview: 07/30/18

(Month 9)-   Oath Ceremony: 08/23/18

 

Officially a U.S. Citizen!



 

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10 minutes ago, gnakr said:

You're allowed to clarify things with your N-400 application. I'm not sure of if the online application allows extra space for clarifying things, if not bring it up during the interview.

I'll elaborate on a separate sheet of paper if necessary. I think it would make sense to explain that I was going by the DoS definition (current country name) in all previous applications but for N-400 I will be going by now specified USCIS definition. I hope this discrepancy will not cause any issues, other than having to explain it. 


03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received

 

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