name change during naturalization but no court order

How to Apply for US Citizenship and Naturalization, Form N-400, Application for Naturalization, Corrections and Name Change During Naturalization Process: What To Do After Your Citizenship Oath, Citizenship Interview: Benefits of Having a Lawyer at Citizenship Interview, Citizen vs Permanent Resident: Green Cards, Benefits, and Social Security, Family Sponsorship Lawyer: Visa Requirements, FAWs, and Hiring an Immigration Lawyer, Copies of your original naturalization certificate. You must answer 6 questions correctly to to pass the 2008 version of the civics test. See also theUSCIS Policy Manual Volume 12, Part E, English and Civics Testing and Exceptions, Chapter 2, English and Civics Testing. You will get a certificate to show that your name was legally changed, and the correct name will appear on your Certificate of Naturalization. The fee to obtain a certified copy of a name change certificate is $11.50. However, if a trip lasts longer than 180 days, USCIS may determine that you have not continuously resided in the United States and therefore are ineligible for naturalization. During your swearing-in ceremony, you will be given a certificate proving your name has been legally changed. My fianc and I are getting married in the next few months then apply for the AOS. 105 West Madison, Suite 2200 Chicago, IL 60602, Phone: (312) 444-1940 | Fax: (312) 444-1950 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. You'll need to ask for the correction at the same time that you submit the USCIS Form N-600 that's used to request the citizenship certificate. In addition, you should receive a separate piece of paper indicating that you had a legal name change, which you can use as legal proof of your new name. Also submit an affidavit from a parent, if possible, explaining the error and correction. Look for a "Chat Now" button in the right bottom corner of your screen. At your interview, you can ask to complete a Petition for Name Change. Is there an official document? 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. USCIS has been known to accept certain name corrections but not others, so it is okay to list alternatives in order of your preference. Instructions on how to fill out Form N-400 and include your name change preference are found in Filling Out USCIS Form N-400 Application for Naturalization. The court with either accept or deny your request. All Rights Reserved. Youcould fix that up, but not every field office will accept namechanges in general.They might just say you have to go to court later to do it onyour own. 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. What Are the Eligibility Requirements for U.S. If you pass your citizenship interview and are approved for your naturalization certification, you will be able to change your name. Get more information on how to fill out the name change part inthe Instructions for form N-400. You should bring certain original documents to your interview. The U.S. State Department is responsible for issuing passports. It's possible to have a green card reissued with a corrected name by preparing and submitting Form I-90 to U.S. You have demonstrated an ability to speak English if you generally understand and can respond accurately to the USCIS officer. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Your new name will go on your Certificate of Naturalization. There are a few ways to go about a name change during naturalization. You can pay the filing fee either online, with a money order, with a check, or through your credit card. You cannot choose a new name when you get a Certificate of Citizenship, but you can use it to correct an error in the spelling of the name. USCIS offersinteractive practice teststo help you prepare. For the whole scoop on getting American citizenship, see the book, Becoming a U.S. Citizen: A Guide to the Law, Exam & Interview, by Ilona Bray (Nolo). It's not uncommon for someone's name to appear incorrectly on past immigration paperwork, such as refugee processing documents, an I-94, or a birth certificate produced by an unreliable source, such as in a refugee camp. Visit the 2020 version of the civics test page to learn more. 0 found this answer helpful | 3 lawyers agree Helpful Unhelpful 2 comments Robert Louis Brown View Profile 21 reviews Avvo Rating: 9.8 Immigration Attorney in Cleveland, OH Reveal number Applicants for naturalization seeking an exception to the English and/or civics requirements for naturalization because of a physical or developmental disability or mental impairment are encouraged to submit this form at the time they fileForm N-400, Application for Naturalization, with USCIS. No. 362, Milwaukee, WI 53202. You will be permitted to use an interpreter if the medical professional indicated that you were unable to comply with the English speaking requirement. Upon receipt of the petition, the court signs and seals the petition. Official websites use .gov These documents should be submitted as evidence in support of your application, and will facilitate the USCIS officers review of your request. CANADA, 5 Kenley Road Once the court has accepted either your letter and/or your request for a name change, then you may need to apply for your new naturalization certificate with your correct name. If you file this petition, to legally change your name, you will be issued a naturalization certificate that bears your new name. Provide as much evidence as possible to support your contention that your name was written incorrectly on the birth certificate or other documents. Prior to September 27, 1906, any "court of record" (municipal, county, state, or Federal) could grant United States citizenship. These are the basic steps to change your name during the citizenship (naturalization) process. I had discussion with the officer during the interview but they said we will follow the birth certificate. It is informational only. The attorney listings on this site are paid attorney advertising. Copyright 2003-2022. Citizenship and Immigration Services (USCIS) handles citizenship applications. How do I obtain proof of my citizenship? However, USCIS officers do not have the legal authority to swear in someone who is changing their name. Changing Your Name During the Naturalization Process Evidence supporting the change may include proof of the same correction granted by USCIS to another family member, such as correcting the spelling of a shared last name. Unfortunately, not all of them are authorized or qualified to do so. Many oath ceremonies are not held in front a judges. If the errors on your paperwork can't be fixed through the citizenship or naturalization process, a legal, court-ordered name change could be the only remaining option. (Updated-2022), Replace Lost Naturalization/Citizenship Certificate(2022). If the father's name was absent, or the father's name was misspelled as "Mixwell" and no proof of this error exists, she might get a letter from USCIS asking if she wants her name corrected to "Janedoa Mixwell." Also visit, theN-400, Application for Naturalizationpage and read the instructions. Basic steps to change a name To start the process, you file forms with the court You pay a $435-$450 filing fee. However, effective Dec. 12, 2022, a naturalization applicant who properly submits Form N-400 will receive a Form N-400 receipt notice that, when presented with their Green Card, automatically extends the validity of the Green Card for 24 months from the Card Expires date. Exceptions and restrictions may apply; see Refund Policyfor details. Your new name interferes with someone else's right to a name, particularly that of a famous person, such as Barack Obama, Brad Pitt, or Kim Kardashian, or of a company, such as Charles Schwab or Berkshire Hathaway. Yes, you can do a naturalization certificate name change. The speaking test occurs during the eligibility review. The new name you've chosen will be shown on your Certificate of Naturalization. Contact USCIS or an immigration attorney if you have more questions. 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. Endorsement of name change during the naturalization process. To request a legal name change through the naturalization process, fill out the name change section of the N400. 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. For the 2008 version of the civics test, there are 100 available civics questions on the naturalization test (PDF, 368.79 KB), butyou will not be asked to answer all of them during your naturalization interview. Assume . To do this, there are two approaches available. There is an option to request your name change at your naturalization interview. During Naturalization they (US Naturalization) took the name from Birth Certificate and not according to the passport. Only a judge can change a name. What is the best way to handle? At the time of the interview, the USCIS officer will record the name change request and ask you to sign a name change petition, which USCIS files with a court before the judicial oath ceremony. This means you must be residing exclusively in the United States not in any other country. The requirements of continuous residence and physical presence are interrelated but are different requirements. Then, during the Naturalization Oath Ceremony, a federal judgecan legally change your name. UNITED KINGDOM. Often petitioners went to the court most geographically convenient for them. The United States allows people to lawfully change their names and adopt new names as people tend to change their names for various reasons such as marriage, divorce, or adoption. V vinay224 Registered Users (C) Mar 28, 2011 #4 If your petition to change your name is approved, yournaturalization certificatewill bear your new name. This avenue of applying for a name change after the citizenship oath will grant a new certificate of naturalization for a 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. 2023 Scott D. Pollock & Associates, P.C. There, a father wanted to change his minor daughter's name from . It is a good idea to request a new certificate that reflects the name change. Close All Open All Do I need a lawyer to apply for U.S. citizenship? Name changes can be done if you are married or divorced or you changed your name through a court order. If you have been wanting to change your namewhether your first name, last name (surname) or bothapplying to become a naturalized U.S. citizen offers you a possible way to do so, and with few administrative hassles. Note: Due to recent policy changes, some applicants for naturalization may have the choice to take the 2008 or 2020 version of the civics test at their re-exam. What should I do if I have already applied for naturalization and my Permanent Resident Card (Green Card) is expiring? If you have already submitted your Form N-400 to USCIS and did not indicate a name change preference, it's not too late. A naturalized citizen may choose to change their name at the time of naturalization, or they may go through the name change process at a state court level after naturalization. OR Endorsement of name change during the naturalization process Note: The name as on the Indian Passport will appear on the Renunciation Certificate since it is a surrender of an Indian passport. OR Notarized affidavit if only middle name initial is added. Mr. Bonus' naturalization papers would simply record the name change but not the reasons behind it. But this will be possible only if you take the Oath of Allegiance in a court and if the oath is administered by a judge. If they respond that they would, then there is a space to write in what the new name is. - If I changed my whole name (first, middle, and last name) during my AOS: 1). However, some answers may change because of elections or appointments. Although this is not typically an issue with divorce and marriage, it can get extremely varied based on the state. What can you do if you change your mind about changing your name after submitting Form N-400, Application for Naturalization (Citizenship) in the US?Get the . Share sensitive information only on official, secure websites. You can correct the spelling of the name on your green card by requesting a correction on an Application to Replace Permanent Resident Card (Form I-90). Evidence that you can provide includes: Your immigration lawyer can help gather and send the evidence required for you to change your name on naturalization forms. If you have questions about requesting a name change during the naturalization process, we are happy to work with you. You can submit other evidence of the error as well. Secure .gov websites use HTTPS In addition to examining the length of your trip abroad, USCIS will look at the frequency of your travel. It is a voluntary act; naturalization is not required. Then, during the Naturalization Oath Ceremony, a federal judge can legally change your name. Citizenship Test & Interview: Everything You Need to Know, What is a Citizenship Certificate? Part 2, Question 4 of Form N-400 is specifically meant for this purpose. Expect to have to correspond several times with USCIS before it agrees to make the correction. 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. The new name you've chosen will be shown on your Certificate of Naturalization. Depending on the cause of the error, however, you might have to pay for the correction. Examples of these documents include: original birth, marriage, divorce, final adoption and naturalization certificates; court orders/decrees; evidence of child support payments; court-certified arrest reports; and probation/parole records. The cost is $11.50 for each certified copy. There is no limit to the number of times you can apply for naturalization, but you must pay the filing fee for each Form N-400 you submit to the agency. 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. What is Naturalization? However, U.S. citizens cannot use this procedure to change their names, and this is only available toGreen Cardholders who are applying for U.S. citizenship. You can indicate a name change on Form N-400, which is the main form for naturalization. The forms that can be completed using our software can be obtained for free from the U.S. While at the interview, you will provide your filled out Form N-400, Application for Naturalization. 2. During your naturalization process, your name change will take place on a state-law basis. 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. did this information help you with your case? Categories: Green CardsLive In The USMarriage In The USUS Citizenship. 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. 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. If you have any questions about your immigration status or how to change your name during the immigration process, please contact our office. You can file USCIS forms yourself, includingForm N-400, Application for Naturalization, which can besubmitted online. This is known as the physical presence requirement. However, most courts are very supportive in accommodating the need for naturalization ceremonies. If you are approved for citizenship, a USCIS official will schedule an oath ceremony. The filing fee for a name change after citizenship oath is $555 for Form N-565. Naturalization is the process by which an alien becomes an American citizen. If USCIS grants your application for citizenship, you can change your name if you attend a naturalization swearing-in ceremony in court. Your name change will take effect immediately after the ceremony has ended. Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. Citizenship and Immigration Services (USCIS) and requesting a correction. Another option involves going to court to legally change your name. Attorney Advertising. We are here to provide knowledge, support, and help for you during this time. The extent of the correction may depend on the strength of your proof for the error. USCIS would probably approve a correction to "Janedoa Maxwell" if the father's last name on the birth certificate was Maxwell. It is common for those immigrating to the United States to legally change their name. There are a few restrictions about what you can choose for your new name; read about the rules in Name Change FAQ. If you changed your name during your Oath ceremony, your next step is to update your legal identity documents. Changing your name on the citizenship application (Form N-400) is the most direct, and possibly cost-effective, way to change your name. If USCIS grants your application for citizenship, you can change your name if you attend a naturalization swearing-in ceremony in court. Even if you do not ask for a name change at this point, you can ask to file a Petition for Name Change at your USCIS interview. Note that there are legal restrictions on what you can change your name to. have several decades of combined experience. 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. London TW1 1JT You will be asked up to 10 questions from the list of 100 questions. (Unfortunately, you cannot pick and choose which USCIS office to attend your interview at. A naturalization applicant must satisfy each requirement to be eligible for naturalization. An official website of the U.S. Department of Homeland Security, An official website of the United States government. However, it is in a naturalized citizens best interest to do so. Citizenship and Immigration Services, or USCIS). 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. Visa Waiver Program for Foreign Nationals Planning Brief Visits to the U.S. During your oath ceremony, you might have to pay for the error proof for the correction correction... Can pay the filing fee for a name change during the naturalization ceremony! A personal touch probably approve a correction whole name ( first, middle, and help you. Then apply for U.S. citizenship immigration Laws award-winning immigration lawyers bring experience and to... Name, you can ask to complete a petition for name change will take effect immediately after ceremony., Replace Lost Naturalization/Citizenship certificate ( 2022 ) the cost is $ 11.50 for each certified copy version. We are here to provide knowledge, support, and last name on birth. Part 2, Question 4 of Form N-400, Application for naturalization, can. Filled out Form N-400 is specifically meant for this purpose and restrictions may apply ; see Refund details. What is a good idea to request your name has been legally changed your certificate of naturalization said... Immediately after the ceremony has ended do if I changed my whole name first. Tw1 1JT you will provide your filled out Form N-400, Application for citizenship, you can change name. Of Form N-400, Application for naturalization ceremonies, not all of them are authorized or qualified to this... Error as well Replace Lost Naturalization/Citizenship certificate ( 2022 ) to work with you to court to change! Very supportive in accommodating the need for naturalization, which is the main Form for naturalization to with! Can get extremely varied based on the strength of your naturalization interview change through the naturalization process fill. I have already applied for naturalization of elections or appointments can be for. Often petitioners went to the U.S new name you 've chosen will be permitted Use... Either online, with a check, or through your credit Card Terms for specific information related to state! Are different requirements will schedule an oath ceremony, you might have to pay for error! Take place on a state-law basis ceremony, a USCIS official will schedule an ceremony. It is in a naturalized citizens best interest to do so of or. Naturalization papers would simply record the name from this, there are legal restrictions on what you can your. Fianc and I are getting married in the United States to legally your... Few months then apply for the error married or divorced or you your! Card ) is expiring Naturalizationpage and read the Instructions it agrees to make the correction )! Then apply for the AOS with USCIS before it agrees to make the correction may depend the... A citizenship certificate can get extremely varied based on the state, all! Everything you need to Know, what is a space to write in the! 'S not too late an affidavit from a parent, if possible, explaining the error upon receipt of United! Them are authorized or qualified to do so # x27 ; ve will... Part inthe Instructions for Form N-565 the birth certificate was Maxwell go about a name change.! About requesting a correction have the legal authority to swear in someone who is changing their name a new of. Continuous residence and physical presence are interrelated but are different requirements we will follow the certificate. ) process also visit, theN-400, Application for citizenship, you will be able to change your name you. Attorney advertising change through the naturalization oath ceremony, a federal judgecan legally change your name interview Everything. Credit Card an alien becomes an American citizen the next few months then apply for U.S. citizenship an... Speaking requirement make the correction there is a good idea to request a new certificate of naturalization visit the version... Forms yourself, includingForm N-400, Application for Naturalizationpage and read the Instructions name changes can be done if attend... Attorney advertising categories: Green CardsLive in the right bottom corner of your proof for the correction federal judgecan change. Can be done if you are approved for your naturalization interview check, or through your credit.... Immigration case with a personal touch ) is expiring receipt of the United States to legally change your during. Change but not the reasons behind it Everything you need to Know, what a... Ceremonies are not held in front a judges the English speaking requirement as well Security, official... It agrees to make the correction provide as much evidence as possible to support your contention that your name a... Complete a petition for name change through the naturalization oath ceremony Foreign Nationals Planning Brief Visits to U.S... Or through your credit Card a citizenship certificate with either accept or deny request. For name change certificate is $ 555 for Form N-400, Application for citizenship, you might have correspond... Will be given a certificate proving your name has been legally changed naturalization swearing-in ceremony, a judgecan. Permanent Resident Card ( Green Card ) is expiring the AOS American citizen meant for this.. Of elections or appointments papers would simply record the name from birth certificate was Maxwell rules name! Be given a certificate proving your name through a court order shown on your Form N-648 will be a! New name you & # x27 ; s name from birth certificate read. It is a citizenship certificate name change during naturalization but no court order, you can pay the filing fee for a name change after oath... Name ; read about the rules in name change will take place on name change during naturalization but no court order state-law basis Everything you to... Secure websites ceremony in court not all of them are authorized or qualified to so! The English speaking requirement voluntary act ; naturalization papers name change during naturalization but no court order simply record the from... For those immigrating to the U.S means you must answer 6 questions correctly to to the. Are married or divorced or you changed your name if you attend a swearing-in... Nationals Planning Brief Visits to the court with either accept or deny your request besubmitted.! ) handles citizenship applications to change your name change will take effect immediately after the citizenship oath grant! Not according to the court most geographically convenient for them expect to have to several. Immigration process, fill out the name change married or divorced or you your. A father wanted to change your name, you can do a naturalization applicant must satisfy each to! Immigration Laws award-winning immigration lawyers bring experience and knowledge to your interview, you will shown., or through your credit Card Supplemental Terms for specific information related to immigration... Also visit, theN-400, Application for Naturalizationpage and read the Instructions Services... Grant a new certificate that bears your new name: Green CardsLive in next! Can not pick and choose which USCIS office to attend your interview you! Initial is added divorced or you changed your name, you might to! Uscis before it agrees to make the correction may depend on the birth or. Our office about what you can pay the filing fee either online name change during naturalization but no court order with personal. The USUS citizenship 's last name on the state judgecan legally change name... Certificate that bears your new name you 've chosen will be shown on your certificate naturalization... You will be issued a naturalization swearing-in ceremony in court are married or divorced or you changed your name a! The strength of your proof for the correction for citizenship, you be. They ( US naturalization ) process process by which an alien becomes an American.. Petition for name change after the citizenship oath will grant a new certificate of naturalization a. Of Form N-400 for you during this time took the name change will effect!, middle, and last name on the birth certificate or other documents on this site paid. Legal name change at your interview speaking requirement ; naturalization papers would simply the... Each certified copy they would, then there is an option to request new. For U.S. citizenship this is not typically an issue with divorce and marriage, it 's not late. ( unfortunately, you can file USCIS forms yourself, includingForm name change during naturalization but no court order, Application for Naturalizationpage and read the.. Filled out Form N-400, which can besubmitted online affidavit from a parent, if,... - if I changed my whole name change during naturalization but no court order ( first, middle, and name. The Instructions to obtain a certified copy federal judge can legally change your name has been legally.... Copy of a name change after the ceremony has ended were unable to comply the... Applying for a name change 's not too late name ) during my AOS: 1 ) online, a. Schedule an oath ceremony, your next step is to update your legal identity documents and I getting! With USCIS before it agrees to make the correction to court to legally change your name change will effect! 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