However, both approaches are nuanced, with small details that are critical to the process. You can also legally change your name when you naturalize. 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. You can file USCIS forms yourself, includingForm N-400, Application for Naturalization, which can besubmitted online. So at theinterview, it's very flexible.From what I've seen, I've never had a problem.You just say, \"Oh I want to go back and not changeit. Do I need to bring original documents such as birth and marriage certificates to the naturalization interview? can be by your side through your entire naturalization process and support you in your naturalization certificate name change. If you are seeking legal help to complete your Application for Naturalization, please be aware that only attorneys and EOIR-accredited representatives can provide legal advice about which forms and documents to attach to your application, explain immigration options you may have, and communicate with USCIS about your case. For information on obtaining a copy of your name change petition, contact the jury and naturalization office at 404-215-1640. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. You will be permitted to use an interpreter if the medical professional indicated that you were unable to comply with the English speaking requirement. Contact USCIS or an immigration attorney if you have more questions. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Proof of an Authentic Marriage for the Past 3 Years Prior To Filing Your Form N-400. Results Vary. See also theUSCIS Policy Manual Volume 12, Part E, English and Civics Testing and Exceptions, Chapter 2, English and Civics Testing. Once the application is filed and you are granted citizenship, one needs to swear their oath of allegiance before a judge. However, it is in a naturalized citizens best interest to do so. It's possible to have a green card reissued with a corrected name by preparing and submitting Form I-90 to U.S. How many times can I apply for naturalization? The judge will not approve your name change request in the following types of circumstance: For more information on the relevant law, see the Name Change page of Nolo's website. For additional information, please review USCIS guidance on theunauthorized practice of immigration law. 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. Privacy Policy | 2023 Scott D. Pollock & Associates, P.C. If you are approved for citizenship, a USCIS official will schedule an oath ceremony. If you become a U.S. citizen and you need to change your name you can do so by approaching the court. Also, be sure to subscribe to our blog for more immigration news and updates. 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. Request the correction in a cover letter that you write and include with the application. In addition to examining the length of your trip abroad, USCIS will look at the frequency of your travel. 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. There are a few restrictions about what you can choose for your new name; read about the rules in Name Change FAQ. My fianc and I are getting married in the next few months then apply for the AOS. 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. Sometimes a foreign nationals name will be spelled incorrectly on immigration documents, such as their green card. What is Naturalization? Can I legally change my name while my naturalization application is pending? 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. 4. The extent of the correction may depend on the strength of your proof for the error. The attorney listings on this site are paid attorney advertising. Only a judge can change a name. U.S. You probably do not need a lawyer to get a name change, since this is a relatively informal process. 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. If an error regarding your name appears on your green card, the first thing to consider is whether you want to fix this before applying for naturalization or taking the other measures described in this article. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Citizenship and Immigration Services (USCIS) handles citizenship applications. In other regions, the swearing-in ceremonies are routinely held at a USCIS officesometimes right after the naturalization interview. If you don't want to or can't change your name during naturalization, you can change your name in a California court. Citizenship Test & Interview: Everything You Need to Know, What is a Citizenship Certificate? 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.". 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. During Naturalization they (US Naturalization) took the name from Birth Certificate and not according to the passport. The clerk will give you a date when a judge will make a decision. Visit the 2020 version of the civics test page to learn more. I received the ceremony date for my citizenship and need to reschedule. In such a case, your request for a name change on Form N-400 cannot be acted upon. The petition is later presented to you during the naturalization ceremony as evidence of the name change. You will need to follow the name change procedures provided under your state's law, which most likely involve filing a name change petition with the state court. Citizenship and Immigration Services (USCIS) and requesting a correction. This site provides general information on some commonly encountered immigration matters only and was created to allow you to more simply navigate your completion of immigration paperwork using online software. Automated eligibility quizzes were created using instructions, rules and regulations published by the USCIS and only indicate whether you meet minimum eligibility requirements to apply for the given immigration benefit. You must answer 6 questions correctly to to pass the 2008 version of the civics test. Secure .gov websites use HTTPS It is recommended to consult a lawyer before you apply for a name change if you have already filed your citizenship application. You can either file your Form N-565 online or by filling out paperwork and sending your form in by mail. 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 will get a certificate to show that your name was legally changed, and the correct name will appear on your Certificate of Naturalization. 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. Unfortunately, not all of them are authorized or qualified to do so. Applying for naturalization does not change this requirement. It is a voluntary act; naturalization is not required. Get information about different ways to change your name in California, Get information about how to change your identity documents, This process does not happen in the California court system. USCIS makes this decision for you.). Part 2, Question 4 of Form N-400 is specifically meant for this purpose. No. 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. E-mail: consult@lawfirm1.com. 1. You should also submit copiespreferably certified copiesof these documents at the initial filing of your application. 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). There are different procedures that must be followed based on your citizenship or immigration status. Inspections of Foreign Nationals Entering the U.S. Penalties for Unlawful Presence in the U.S. Impact of Criminal Record on Immigration Status. 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). In addition to preparing for the reading, writing, and civics portion of the naturalization test, you will need to prepare for the speaking portion of the naturalization test and meet all other naturalization requirements. The fee to obtain a certified copy of a name change certificate is $11.50. Only a judge has the authority to grant your name change at the swearing-in or oath ceremony. When you apply to become a U.S. citizen, you are allowed to request a name change during the naturalization process. 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. We will not change a name without evidence such as a marriage certificate, divorce decree, or court order. Sometimes including proof of a parents name change or correction can make a difference. In addition, theFind Help in Your Communitypage allows individuals to search for low-cost or free citizenship classes throughout the United States. 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. This name-change service is available only through USCIS offices where the swearing-in (oath) ceremonies are held in a courtroom and presided over by a judge, not a USCIS officer. If you pass your citizenship interview and are approved for your naturalization certification, you will be able to change your name. If you decide to get legal assistance, you can start here: Many people offer to help with immigration services. The materials contained in this website have been prepared by Scott D. Pollock & Associates, P.C. 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. 231 (App. Endorsement of name change during the naturalization process. These may include your birth certificate or records of asylum or refugee status. In this scenario, you need not file a separate application to legally change your name as you can enter your new name in the space that is provided inForm N-400. 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. The form requires an individual to confirm or deny if they would like to change their name. Find out more about this process in USCIS's. Why Is My Immigration Case Taking So Long? You can legally change your name without extra court procedures by simply filling in your chosen new name on USCIS Form N-400 (the Application for Naturalization issued by U.S. Your name change will take effect immediately after the ceremony has ended. However, both approaches are nuanced, with small details that are critical to the process. Whether or not you get all the changes you want to make is going to depend on the particular errors made and the forms of proof you can show indicating what the name should have been. If you changed your name during your Oath ceremony, your next step is to update your legal identity documents. Certain certified copies of documents can also be provided. We understand that having your name misspelled on legal documents can be frustrating. Toronto, Ontario M5C 1C4 Citizenship for the Past 3 Years Prior to Filing Your Form N-400. 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.
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