Country of birth I-485 vs N-400

[randomstairs 262]

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! 

[randomstairs 262]

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...

[randomstairs 262]

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 December 1, 2018 by randomstairs

[gnakr 43]

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.

[randomstairs 262]

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.