You can order another copy of BC from your birth country.
Russia and Ukraine also had separate family laws and separate jurisdictions at that point. The same as states within US.
They looked similar in totalitarian society. But they were legally independent. Their similarity was just a coincidence from legal standpoint.
You are forgetting the first part of this law, stating that in addition to secondary evidence you have to prove primary evidence does not exist and could not be issued. Primary evidence would be a Ukrainian-issued BC in your case, what you even never attempted to request. Without your request for primary evidence, and motivated written denial, secondary evidence cannot work on it's own.
No, my primary evidence is not a Ukranian-issued BC. It is a Russian-issued BC with Ukraine as a birthplace. (You keep ignoring the Instruction which I have mentioned a few times here, and posted it in Russian on another forum.) I requested this BC in Russia, and I have three court rulings with a denial. That is why my secondary evidence worked for USCIS.
Secondary evidence could be accepted when primary evidence does not exist and is unobtainable and you can prove that. There is no way to prove it is unobtainable if you never tried to request it.
Your hope is a consular mistake, I guess. That worked that way with masematn last year, via AOS. Otherwise you need to prove the primary evidence is unobtainable, or obtain it.@ raevsky - can you be more specific? how can i get it..through the embassy? thanks!
Years of teaching on American campus learned me that you need to say anything at least five times in order to be heard. So I"ll say it again: my original Russian BC is a primary evidence. It was issued not in the city of birth, but in the same country of birth. Also, it was issued according to the current law of that time.
For me that would be a Russian BC with Ukraine as a birthplace, issued by the same authority that had issued the original BC. Can you point to the requirements for BC (with official custodian) published anywhere by USCIS, and not Department of State?
Keeping insisting that I received a GC by mistake (just as you insisted earlier that my BC was a mistake) you may mislead other people in a similar situation. Let us both remind other readers of this thread that nothing here should be taken for granted.
I would think I am not misleading them.
How about "call somebody hundred times 'a pig' and he will start grunting as a pig?"
The same is applicable to you: primary evidence will not become secondary evidence.
Raevsky, you are hopeless. Why are you using only that part of the definition that fits into your scheme? Doesn't it say "official custodian of birth records in the country of birth?" And you know just as well as I do that neither Russia nor Ukraine were countries at the time of my birth while USSR was a country, don't you?
You are right and wrong at the same time. But this issue is not for discussion with a stranger at an immigration forum.
Persons are different, they behave. Evidences do not.
It is obvious they mean the current countries, not the country at the time of your birth.
Nice. Fuzzy logic. I like that.
As long as your birth certificate is issued by the consulate of your country of citizenship in Moscow, you are fine. So, the BC needs to have the seal of the consulate of your country in Moscow. You might need to prove you were a citizen of your country at the moment of your birth.
Have you been born in a Russian hospital or on the territory of your parent's embassy?
Since you were born in Russia, your country of eligibility is no doubt Russia. Based on my own experience, I can tell that you should not have any problems with USCIS, that means, if you decide to adjust your status in America. It is your place of birth that is significant for USCIS, not the form of its record. If you do CP, you are probably OK as well, because your parents' embassy has an authority to issue birth certificates for the children of its citizens no matter where they are born. Good luck!