As part of my practice as an immigration lawyer for eleven years now, I have seen numerous cases with applicants that have several last names or different spellings of their last names. Some of my clients have a different last name in their passport than on their birth certificate translation, etc.
To end the confusion regarding which last name spelling or variation to include in the immigration paperwork, the Vermont Service Center (VSC) has provided a brief guidance in their Stakeholders newsletter. The following information applies to the following cases only: All I-129 cases (work visas, religious visa, fiancé visa, etc.), I-539, I-765 (employment card), and I-131 (travel document). This information does Not apply to green card applications.
The Vermont Service Center has indicated that regardless of what name the applicant places on the application form, the VSC Officer will list the applicant’s name as spelled on the applicant’s passport. The only exception provided to this basic rule is that the applicant’s name will be changed to the name on the visa issued to the applicant, if this visa was issued subsequent to the passport. If there is no visa that was issued to the applicant subsequent to the passport, then the VSC will change the applicant’s name as according to the passport provided by the applicant.
From previous experience, it is generally a good idea to have the passport contain the same name as the applicant’s birth certificate and translation of the birth certificate. In this way, the confusion will be lessened as to the applicant’s identity.
In any event, be sure to list ALL variations of names used in the appropriate box for other names used. Carefully placing all previous names used in this box will ensure the USCIS Officer that the applicant is being truthful as to their identity and exact name.