Sometimes a foreign nationals name will be spelled incorrectly on immigration documents, such as their green card. 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. The materials contained in this website have been prepared by Scott D. Pollock & Associates, P.C. Yes. Results Vary. We'll only use this email to send this link. Home | Contact Us | Employment | Glossary of Legal Terms | FAQs, Pamela Pepper, Chief Judge Gina M. Colletti, Clerk of Court, American Bar Association -- Free Legal Answers, Redaction Requirements - E-Government Act, Reentry Program/Successful Transition and Reentry Together (START), Post Guilty Plea/Presentence Diversion Court Program. Please note that CKGS sometimes accepts this but there have been reports of they rejecting this as the valid proof and demands official court order. 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. Certain certified copies of documents can also be provided. 2012), the New Jersey Appellate Division addressed this question. USCIS has been known to accept certain name corrections but not others, so it is okay to list alternatives in order of your preference. You will be permitted to use an interpreter if the medical professional indicated that you were unable to comply with the English speaking requirement. Also submit an affidavit from a parent, if possible, explaining the error and correction. One way is by changing your name at the naturalization ceremony by filing Form N-565. If your name has changed after you filed a naturalization application, you must promptly provide USCIS with the document(s) that legally changed your name(s), such as a marriage certificate, divorce decree, court order, or other official record. A .gov website belongs to an official government organization in the United States. Depending on the cause of the error, however, you might have to pay for the correction. You should bring certain original documents to your interview. (Updated-2022), Replace Lost Naturalization/Citizenship Certificate(2022). The attorney listings on this site are paid attorney advertising. 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. Newport Beach, CA 92660, 18 King Street East, Suite 1400 Citizenship? Mere usage could be enough for the change to be legal. 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. 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. The name change will be effective without notifying them. (You should use your current name on Form N-600, even if it is misspelled.) My fianc and I are getting married in the next few months then apply for the AOS. If they respond that they would, then there is a space to write in what the new name is. However, it is in a naturalized citizens best interest to do so. 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. It has historically been unwilling to correct prior errors found in documents like birth certificates or refugee processing documents. People applying for U.S. citizenship can change their names as a part of the U.S. naturalization process. I received the ceremony date for my citizenship and need to reschedule. The difficulty with this arises from the fact that oath of allegiance ceremonies are held much less frequently than those administered by USCIS officers. Depending on where you live, your will follow your states legal name change procedures. OR Notarized affidavit if only middle name initial is added. 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 the case of In re Application of Xiangjing Zhan, 424 N.J. Super. To qualify for naturalization, an applicant must spend at least half of theirtime in the United States. An official website of the U.S. Department of Homeland Security, An official website of the United States government. The content on this site should not be relied on to reach conclusions about any persons specific situation. Since I am technically an international student, I'm not sure if the judge at the courthouse will even hear my case. You must answer 6 questions correctly to to pass the 2008 version of the civics test. Changing Your Name During the Naturalization Process Sometimes including proof of a parents name change or correction can make a difference. But remember that you can change your name at the time of applying for U.S. citizenship, only if the oath ceremony takes place in a court and if a judge administers the oath as the U.S. district courts are authorized to change the names of the applicants who are applying for U.S. citizenship, while they take the oath. If the USCIS denies your request to change your name during your interview process, then you can change your name in your naturalization process after you have undergone the naturalization ceremony. Get more information on how to fill out the name change part inthe Instructions for form N-400. There are different procedures that must be followed based on your citizenship or immigration status. For additional information, please review USCIS guidance on theunauthorized practice of immigration law. Is there an official document? Again, if this is not an option, your immigration lawyer will be able to assist you with Form N-565. The extent of the correction may depend on the strength of your proof for the error. 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." when ever name change is initiated through naturalization, a court order will be issued with new name. 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, 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. When you become a U.S. citizen, there is a change that the United States Citizenship & Immigration Service (USCIS) misspelled your name on documents and certifications. However, some answers may change because of elections or appointments. Also, be sure to subscribe to our blog for more immigration news and updates. This can officially happen at your swearing-in ceremony. Self-help software and customer support services are provided solely at a users direction. If your documents contain errors such as those described in this article, and you apply for a U.S. passport without correcting them beforehand, your passport will likely be issued with the same errors, unless you can produce other official documents showing the error or correcting your name. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. USCIS provides free educational resources to help applicants prepare for the naturalization test. This is an attorney advertisement. Your name change will take effect immediately after the ceremony has ended. If you have citizenship automatically through a U.S. citizen parent, you can ask for a Certificate of Citizenship to help you correct errors in how your name was spelled on certain official documents. 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. Part 2, Question 4 of Form N-400 is specifically meant for this purpose. Answer: If you changed your name during the naturalization process in the Eastern District of Wisconsin, the Clerk's Office can provide a certified copy of the court order granting name change. An applicant may submit a request to update his or her name on a Certificate of Naturalization based on a name change ordered by a state court with jurisdiction or due to marriage or divorce. can be by your side through your entire naturalization process and support you in your naturalization certificate name change. Yes. 362, Milwaukee, WI 53202. 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. Share sensitive information only on official, secure websites. See also theUSCIS Policy Manual Volume 12, Part E, English and Civics Testing and Exceptions, Chapter 2, English and Civics Testing. 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. Citizenship and Immigration Services, or USCIS). The layout is very straightforward, asking if you would like to change your name and, if so, what would you like your name to be. On the paperwork where you're filing for Citizenship,you said that you wanted to change your name. The fee to obtain a certified copy of a name change certificate is $11.50. 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. Does USCIS publish the naturalization test questions? If it can't or you don't want to wait until a judge is available, you will need to do a different process to change your name. "Kick U. Your name is threatening, obscene, or likely to incite violence. For more information on renewing your Green Card, visituscis.gov/green-card/after-we-grant-your-green-card/replace-your-green-cardoruscis.gov/i-90. When should I submit Form N-648, Medical Certification for Disability Exceptions? What is the best way to handle? Change your name when you become a U.S. citizen You can ask to change your name during multiple parts of the U.S. citizenship process. If you file by mail, The USCIS will then mail you updates about your case. Then, during the Naturalization Oath Ceremony, a federal judgecan legally change your name. You can request to change your name on a citizenship certificate using Form N-600. When you submit Form N-600 to ask for the Certificate of Citizenship, you must ask for the correction in a cover letter attached to the application. However, both approaches are nuanced, with small details that are critical to the process. 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. This question is for testing whether or not you are a human visitor and to prevent automated spam submissions. Commonly Asked Questions About the Naturalization Process. See Full Details, Immigration Lawyer Chicago/ Services/ 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. Naturalization is the process by which an alien becomes an American citizen. 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. Application for Replacement Naturalization Document However, USCIS officers do not have the legal authority to swear in someone who is changing their name. Because many courts opt out of the naturalization ceremony and authorize USCIS personnel to administer the oath, to have your name changed as part . 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.". 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. 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 it's not, you can change your name in a California court. The naturalization process is a legal way of changing your name. 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. 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. 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. You will need to include the following information with your request: If you did not change your name during the naturalization process, please contact your local county clerk's office for name change information. Privacy Policy | 2023 Scott D. Pollock & Associates, P.C. 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? Unless a court orders you to notify USCIS about the name change, there is no obligation to notify them of your name change. It is informational only. The court with either accept or deny your request. How many times can I apply for naturalization? 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. Contact us at 312.444.1940 or fill out an online form today. V vinay224 Registered Users (C) Mar 28, 2011 #4 The speaking test occurs during the eligibility review. We understand that having your name misspelled on legal documents can be frustrating. Only a judge can change a name. Once you have legally changed your name, you can File Form N-565 with the USCIS which is the application to replace your Naturalization or Citizenship certificate with the new name and get an updated copy of your certificate. In the U.S., adults can change their legal names in a state or local court. 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. If USCIS grants your application for citizenship, you can change your name if you attend a naturalization swearing-in ceremony in court. You can either file your Form N-565 online or by filling out paperwork and sending your form in by mail. The attorney listings on this site are paid attorney advertising. Contact USCIS or an immigration attorney if you have more questions. During your naturalization process, your name change will take place on a state-law basis. However, both approaches are nuanced, with small details that are critical to the process. Therefore, it may lead to delays in receiving naturalization because of the gaps in judicial ceremonies. People applying for U.S. citizenship can change their names as a part of the U.S. naturalization process. If you decide to get legal assistance, you can start here: Many people offer to help with immigration services. In addition to examining the length of your trip abroad, USCIS will look at the frequency of your travel. If you do not go through a naturalization ceremony in court, USCIS can use the correct name on the Certificate of Naturalization, but you will not be able to change your legal name unless you go to court. Certified copy of a name change in documents like birth certificates or processing... Services may not be relied on to reach conclusions about any persons specific situation gaps. Legally change your name on a citizenship certificate using Form N-600, even if it 's not, said. 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