It is what you will file if USCIS denies changing your name at your swearing-in ceremony. Citizenship for the Past 3 Years Prior to Filing Your Form N-400. You can also legally change your name when you naturalize. You may be able to get your name partly corrected or changed to a form that is more similar to your actual name, even if it is not fully corrected. However, if the USCIS denies this request during your interview, then you will need to request your name change after you receive your naturalization documents. In addition to examining the length of your trip abroad, USCIS will look at the frequency of your travel. Or, you can wait until your receive notification of your USCIS interview date, and ask the officer reviewing your case whether a judge will preside over your swearing-in. People applying for U.S. citizenship can change their names as a part of the U.S. naturalization process. Provide as much evidence as possible to support your contention that your name was written incorrectly on the birth certificate or other documents. 2). To request a legal name change through the naturalization process, fill out the name change section of the N400. This avenue of applying for a name change after the citizenship oath will grant a new certificate of naturalization for a name change. Do Not Sell or Share My Personal Information, Filling Out USCIS Form N-400 Application for Naturalization, Do Not Sell or Share My Personal Information. If you decide to get legal assistance, you can start here: Many people offer to help with immigration services. How many times can I apply for naturalization? Name changes can be done if you are married or divorced or you changed your name through a court order. If you fail any portion of these requirements, you will be retested during a new interview on the portion of the test that you failed (English or civics) between 60 and 90 days from the date of your initial interview. UNITED KINGDOM. To obtain a copy of your Name Change Form, please contact USCIS directly atwww.uscis.gov or call (800) 375-5283 for additional information. Therefore, it may lead to delays in receiving naturalization because of the gaps in judicial ceremonies. Citizenship is not handled by State courts. 2023 Scott D. Pollock & Associates, P.C. Secure .gov websites use HTTPS The form requires an individual to confirm or deny if they would like to change their name. . When you apply to become a U.S. citizen, you are allowed to request a name change during the naturalization process. Because my Green Card allows me to travel between the United States and my home country, can I live in both places until I am ready to apply for citizenship? Therefore, if you are eligible for naturalization, it might be easier to correct your name during this application process rather than separately paying fees to USCIS correct your green card first. Self-help software and customer support services are provided solely at a users direction. This is usually mailed separately (if not provided at the time of naturalization ceremony). If you don't want to or can't change your name during naturalization, you can change your name in a California court. After the court grants your name change, and assuming you have already become a U.S. citizen, you will need to apply to USCIS for a new certificate of naturalization, using USCIS Form N-565. You have demonstrated an ability to speak English if you generally understand and can respond accurately to the USCIS officer. If your Form N-648 is found to be sufficient, and the licensed medical professional who completed your Form N-648 indicated on the form that you were unable to comply with all of the educational requirements, the officer will conduct the eligibility interview in your language of choice with the use of an interpreter and will not test you on any of the educational requirements. Exceptions and restrictions may apply; see Refund Policyfor details. Based on the instructions for Form N-400 you can just check the box beside the question, Would you like to legally change your name?, in the second part of the naturalization application. The extent of the correction may depend on the strength of your proof for the error. Citizenship? Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. How will I know what the decision is on the Form N-648, Medical Certification for Disability Exceptions, I submitted? OR Notarized affidavit if only middle name initial is added. If you are approved for citizenship, a USCIS official will schedule an oath ceremony. Assume . This is known as the physical presence requirement. At this point, the name change process is complete. Yes, you can do a naturalization certificate name change. Toronto, Ontario M5C 1C4 USCIS publishes a complete list of the 2008 and 2020 version of the civics test. People applying for U.S. citizenship can change their names as a part of the U.S. naturalization process. Review our. The United States offers several different processes for people to legally change their name. Some different laws that may change from state to state can include: where you file for a name change, needing to provide a valid reason for a name change, who you must inform of the change, if you have to give a general notice of the change (posting in a newspaper), what criminal convicts are allowed to change their name, as well as several others. If your Form N-648 is found to be sufficient, and the licensed medical professional indicated on the form that you were unable to comply with only some of the educational requirements, the officer will administer the tests for the other requirements. There are different procedures that must be followed based on your citizenship or immigration status. In such a case, your request for a name change on Form N-400 cannot be acted upon. In some states, the information on this website may be considered a lawyer referral service. An immigrant that lives in New Jersey but is not yet a United States citizen can apply for a legal name change in New Jersey. Unless you are eligible for an exception to the English or civicsrequirements, you will be given two opportunities to meet the English and civics requirements. USCIS has been known to accept certain name corrections but not others, so it is okay to list alternatives in order of your preference. Consulting one can be well worth the expense. Does USCIS make frequent changes to the questions on the naturalization test? However, most courts are very supportive in accommodating the need for naturalization ceremonies. If, on the other hand, your naturalization ceremony is not conducted in a court or by a judge, you cannot get a legal name change through USCIS, because the agency does not have the jurisdiction to bring this about. The name change will be effective without notifying them. Then, during the Naturalization Oath Ceremony, a federal judge can legally change your name. Another option is to do a legal name change through the U.S. court system. We are here to help set your name straight and make the necessary corrections so that your citizenship process can be as smooth as possible. You can file this petition if you have already filed your naturalization application. When applying for U.S. citizenship if you wish to change your name, you can apply for naturalization and for legal name change together on Form N-400, Application for Naturalization. I want to change my name to something else.\" You do whateveryou want to do.Now one thing you have to be mindful for is that notevery USCIS field office does name changes.For example, in Los Angeles, they're pretty goodat doing name changes.And the reason is because when you do your old ceremony tochange your name, you have to have an officer of the courtthere that could confirm the name change. We do not provide legal advice, opinions, or recommendations about any individuals specific legal rights, remedies, defenses, options, or strategies. Naturalization is the process by which an alien becomes an American citizen. We are not a law firm, and this site and our software are not a substitute for the advice of a lawyer and do not contain or constitute legal advice. During your swearing-in ceremony, you will be given a certificate proving your name has been legally changed. Prior to September 27, 1906, any "court of record" (municipal, county, state, or Federal) could grant United States citizenship. This general education only. For additional information on how USCIS officers assess English language abilities, please see theScoring Guidelines for the U.S. Naturalization Test (PDF, 121.39 KB). The interviewer may ask you to confirm that you still want to change your name because some people change their minds between the application and the interview. In order to be granted your name change after citizenship oath, you need to send in evidence with your Form N-565. Depending on where you live, your will follow your states legal name change procedures. Only a judge has the authority to grant your name change at the swearing-in or oath ceremony. You should provide the required documents when filing the citizenship certificate replacement application. Commonly Asked Questions About the Naturalization Process USCIS has developed responses to several frequently asked questions related to the naturalization process and interview and test. While ones lawful permanent resident status does not expire, barring naturalization or termination of status, a lawful permanent residentmust have valid, unexpired proof of lawful permanent residence in their possession at all times. The evidence you send in will support your name change by showing that your name has been misspelled on your initial visa documents. What is the best way to handle? If another family member, such as a parent, has had a legal name change in order to fix errors made on immigration processing documents, and you believe your correct name should have included the correct spelling of the family member's name (such as in the above example where "Mixwell" should have been "Maxwell"), include the proof of that person's legal name change to help demonstrate that an error occurred. Once you get the documents changing your name, you can use it to change your name on other legal identity documents. USCIS does not offer the option of a name change with the Certificate of Citizenship. USCIS may be reluctant to accept certain types of corrections, so you may need to provide alternatives from which it can choose. To obtain a replacement of your naturalization certificate, please follow the instructions found here at www.uscis.gov or call (800) 375-5283 for additional information. To protect your privacy, please do not include any personal information in your feedback. Your name is threatening, obscene, or likely to incite violence. Proof of Spouse's U.S. There is one catch. After swearing the oath of allegiance before a judge, an individual receives their certificate of naturalization with their new name on it. One may change their name after naturalization by going through the courts, or by some operation of law such marriage or divorce. 362, Milwaukee, WI 53202. Regarding the immigration side, it is much less complicated. To illustrate, let's say the full name on a girl's birth certificate was "Jane Doa," but she considered her true name to be "Janedoe Maxwell." [4] If he had not naturalized, his Bonus family descendants generations from now would be at quite a loss to explain the origin of their name. If you did not ask to change your name on your N-400, you can ask at your USCIS interview. Form N-565titled Replacement of Certificate of Citizenship or Naturalizationis used to receive a new certificate after a legal name change or an error on the original. If you have any questions about your immigration status or how to change your name during the immigration process, please contact our office. Accordingly, an applicant may file the disability exception form during any part of the naturalization process, including after the application is filed but before the firstexamination, during the firstexamination, during the re-examination if the applicants firstexaminationwas rescheduled, and during the rehearing on a denied naturalization application. What is Naturalization? Make sure to mention your name change and bring the documents related to your name change at the time of the interview. If you have been issued a Form N-400 receipt notice that automatically extends the validity of your Green Card, but it has been lost or destroyed, then you generally must file Form I-90 to renew your expiring Green Card. If "Janedoa Mixwell" in the above example had been able to send in proof that her father had his name corrected to "Maxwell," USCIS would have been much more likely to agree that her correct name was "Janedoa Maxwell.". The procedure might vary based on the state you are in but in most cases legally changing your name through the court system is recommended. Purchase prices do not include applicable government agency filing or biometrics fees, if any. Application to Replace Permanent Resident Card, Cancellation of Green Card After Citizenship Denial, Residency Requirement When Applying for Citizenship, Fingerprinting Requirement When Applying for Citizenship, Expediting Review of Citizenship Application, Applying for Citizenship as a Former Asylee or Refugee, Fee Waivers for Citizenship Application (Form N-400), Naturalization Interview When Seeking Citizenship, Second Chance Naturalization Interviews When Seeking Citizenship, Request for Hearing After Denial of Citizenship, Naturalization Ceremony After Citizenship Approval, CARRP Program and Delays for Muslim-Americans Seeking Citizenship, Name Corrections and Changes in the Citizenship Process, Birthright Citizenship and Acquisition or Derivation of Citizenship Through Parents, Military Service Members and Veterans Pursuing Citizenship, Children of Refugees Qualifying for Citizenship Through Derivation, Impact of Conditional Resident Status on Applying for Citizenship, Domestic Violence Victims Applying for Citizenship, Public Benefits and Applying for Citizenship, Extramarital Affairs, Divorce, and Citizenship, Voting Rights After Receiving Citizenship, Consular Interviews When Seeking a Visa or Green Card, VAWA Petitions for Foreign National Victims of Domestic Violence Seeking Immigration Status, How Children of Foreign National Domestic Violence Victims Can Obtain Immigration Status, Work Authorization for Foreign Nationals Without Green Cards, Temporary Protected Status for Foreign Nationals Unable to Return Home Safely, Humanitarian Parole for Foreign Nationals With Compelling Needs, Advance Parole for Foreign Nationals Living in the U.S. See the Change or Correct a Passport page of the State Department's website for more information. The Court is unable to provide a copy of your naturalization certificate or any other documentation that certifies your citizenship. You will need to pay the filing fee and the biometrics service fee. The clerk will give you a date when a judge will make a decision. The attorney listings on this site are paid attorney advertising. Request the correction in a cover letter that you write and include with the application. Unless a court orders you to notify USCIS about the name change, there is no obligation to notify them of your name change. This is a completely different process that is around correcting an error during your application for your certificate of citizenship rather than after you have received your documentation. Will I be asked all of thecivics questions during the naturalization interview? 105 West Madison, Suite 2200 Chicago, IL 60602, Phone: (312) 444-1940 | Fax: (312) 444-1950
All Rights Reserved. Results Vary. To request a naturalization certificate name change, you will apply for a replacement naturalization/citizenship document using Form N-565. To obtain a status of your application, please contact USCIS directly at www.uscis.gov or call (800) 375-5283. Applying for naturalization does not change this requirement. 1. This article describes these various options. Step by Step Instructions on Filling Out Form N-400, U.S. You can ask to change your name in your Application for Naturalization(form N-400). All Rights Reserved. This receipt notice must be presented to show that your Green Card, which is proof of your lawful permanent resident status, has been extended, such as for purposes of employment or travel authorization. To qualify for citizenship, generally applicants must demonstrate they havecontinuouslyresided in the United States for at least 5 years before submittingForm N-400, Application for Naturalization. The decision on your Form N-648 will be made at the time of your naturalization interview. Your new name will go on your Certificate of Naturalization. If you're still in the planning stages, here's free, accurate, and up-to-date legal information on every step of the process of obtaining U.S. citizenship. But in a place likeSan Francisco, they don't, even though the form says you couldchange your name.Once you go to the interview, they'll say, \"Actually, we don'tdo name changes here.\"So you got to look to see what your local office does.I'm not familiar with every procedure at every office, butmaybe contact local attorneys or whatever.But the reality is, you could change your name at the interview. This can officially happen at your swearing-in ceremony. Certain certified copies of documents can also be provided. You can apply for a name change even after filing Form N-400 and in this case, you will have to apply for a name change before taking the naturalization oath and you just need to complete and file Petition for a Change in Name by an Applicant for Citizenship. Categories: Green CardsLive In The USMarriage In The USUS Citizenship. See Full Details, Immigration Lawyer Chicago/ Services/
No. Many states have a self-service legal center where you can get instruction on how to represent yourself in asking the court for a name change. The documentation of name changes during US naturalization procedure has only been required since 1906. USCIS makes this decision for you.). There, a father wanted to change his minor daughter's name from . Inspections of Foreign Nationals Entering the U.S. Penalties for Unlawful Presence in the U.S. Impact of Criminal Record on Immigration Status. It is a voluntary act; naturalization is not required. Citizenship and Immigration Services (USCIS) handles citizenship applications. The naturalization certificate shows your new legal name. 4. At the heart of our firm is a focus on client relationships, responsiveness, and our deep commitment to helping you or your corporation achieve the goal of living or working in the U.S. 4299 MacArthur Boulevard Without Green Cards, Deferred Action for Childhood Arrivals (DACA) and Temporary Protections From Deportation. Are a naturalized citizen seeking a special certificate of naturalization for the purpose of a foreign country recognizing you as a citizen of the United States. Often petitioners went to the court most geographically convenient for them. To find out your options, contact your local USCIS field officethe one that will be conducting your interviewand ask whether a judge performs the ceremony. To do this, there are two approaches available. You can either file your Form N-565 online or by filling out paperwork and sending your form in by mail. The filing fee sent to USCIS is non-refundable, even if your request is denied. 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name change during naturalization but no court order