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. If you were naturalized in Des Moines, please contact the Clerk's Office at 515-284-6248. Citizenship and Immigration Services (USCIS) as blank forms with written instructions. In addition, many states have different rules governing name changes. 2023 Berardi Immigration Law. 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. Close All Open All Do I need a lawyer to apply for U.S. citizenship? Contact USCIS or an immigration attorney if you have more questions. Make sure to mention your name change and bring the documents related to your name change at the time of the interview. Mr. Bonus' naturalization papers would simply record the name change but not the reasons behind it. Privacy Policy | 2023 Scott D. Pollock & Associates, P.C. 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. This article describes these various options. Applicants may ask the USCIS officer to repeat or rephrase questions during the naturalization interview. The naturalization process is a legal way of changing your name. Request the correction in a cover letter that you write and include with the application. In the instructions to Form N-400, Application for Naturalization, USCIS provides an extensive list of examples of original documents that you should bring to the interview, depending on different case scenarios. Prior results do not guarantee a similar outcome. 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. If you cannot persuade USCIS to change or correct your name, you can pursue a separate court proceeding in a state or local court. USCIS has developed responses to several frequently asked questions related to the naturalization process and interview and test. Also, be sure to subscribe to our blog for more immigration news and updates. To do this, a naturalized citizen would file Form N-565 with USCIS. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Do I need to bring original documents such as birth and marriage certificates to the naturalization interview? An official website of the U.S. Department of Homeland Security, An official website of the United States government. 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. A judge does have this authority. You can legally change your name after filing your application for naturalization with USCIS. This involves paying a fee. 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. (You should use your current name on Form N-600, even if it is misspelled.) We'll only use this email to send this link. Do I need a lawyer to apply for U.S. citizenship? 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. On the paperwork where you're filing for Citizenship,you said that you wanted to change your name. Please send a written request to the US District Court Clerk's Office, attn: Naturalization, 517 E. Wisconsin Ave, Rm. PERM Process & Equal Pay Transparency Laws, Its Not Too Late for the H-1B Visa Lottery, USCIS Extends Green Card Validity for Conditional Permanent Residents with a Pending Form I-751, Process Update for Labor Enforcement Investigations, The Truth About Deferred Prosecution & Crossing The Canadian Border, Our Community Involvement: Luxury Purse Bingo, New Designs Roll Out for Green Cards & Employment Authorization Documents, Tech Layoffs and Compelling Circumstances EAD. We will not change a name without evidence such as a marriage certificate, divorce decree, or court order. If you decide to get legal assistance, you can start here: Many people offer to help with immigration services. 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. (Unfortunately, you cannot pick and choose which USCIS office to attend your interview at. 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. See Full Details, Immigration Lawyer Chicago/ Services/ Your name is intentionally confusing, such as "Annum 2013" or "Airbus Jet.". 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. We do not make form recommendations or recommend or provide answers to specific questions on forms, and communications between you and us are not protected by any privilege. The requirements of continuous residence and physical presence are interrelated but are different requirements. How many times can I apply for naturalization? Does USCIS publish the naturalization test questions? 2012), the New Jersey Appellate Division addressed this question. Then, during the Naturalization Oath Ceremony, a federal judge can legally change your name. 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. 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. No. Will USCIS approve my Form N-400 naturalization application once I pass the reading, writing, and civics portions of the naturalization test? U.S. Share sensitive information only on official, secure websites. During Naturalization they (US Naturalization) took the name from Birth Certificate and not according to the passport. Will I be asked all of thecivics questions during the naturalization interview? 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. Commonly Asked Questions About the Naturalization Process. However, USCIS recognizes that certain circumstances may prevent concurrent filing of the naturalization application and the disability exception form. 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. This means you must be residing exclusively in the United States not in any other country. 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 decide to submitForm N-400, Application for Naturalization,without legal assistance, obtain information about the naturalization application process and study materials to help you prepare for the naturalization test at theCitizenship Resource Center. The naturalization certificate shows your new legal name. Customer support is for technical and billing issues only and will not answer legal questions. The filing fee for a name change after citizenship oath is $555 for Form N-565. 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. The cost is $11.50 for each certified copy. Naturalization is the process by which an alien becomes an American citizen. Congress does not authorize the USCIS to make legal name changes during the naturalization process, but if your swearing-in ceremony is conducted by a judge, she has authority to order a name change. However, you cannot change your name, if you are sworn in by some other official. You must request the underlying court order to document the material name change for the other family members. USCIS could issue you a Certificate of Naturalization with your chosen name, but you will not have a court order showing proof that you have a legal name change. Even I applied for court order to change my name, I have to start FBI/CBI, criminal record checks, petition to court etc but I am unclear as to as to how to start that since I have always been FirstName Lastname. Please contact USCIS directly at www.uscis.gov or call (800) 375-5283 to discuss your options. 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. Yes. 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. This means that you will change your name after becoming a United States citizen rather than during your citizenship process. Toronto, Ontario M5C 1C4 You can file this petition if you have already filed your naturalization application. Speak with your immigration and naturalization lawyer about the best approach to correcting or changing your name during your naturalization process. 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. During your swearing-in ceremony, you will be given a certificate proving your name has been legally changed. These are the basic steps to change your name during the citizenship (naturalization) process. At your interview, you can ask to complete a Petition for Name Change. You might be able to have errors, such as those found on a birth certificate or refugee processing documents, corrected on the Certificate of Citizenship without having to get your name legally changed in court. Citizenship is not handled by State courts. You may have some limits on what you can choose for your new name, but these should not pose a challenge if you are simply trying to correct the spelling of your name. Part 2, Question 4 of Form N-400 is specifically meant for this purpose. 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. One may change their name after naturalization by going through the courts, or by some operation of law such marriage or divorce. Ask at your USCIS interview if your ceremony can be held in front of a judge. This is usually mailed separately (if not provided at the time of naturalization ceremony). (Updated-2022), Replace Lost Naturalization/Citizenship Certificate(2022). You should also submit copiespreferably certified copiesof these documents at the initial filing of your application. Only a judge can change a name. It is what you will file if USCIS denies changing your name at your swearing-in ceremony. You have demonstrated an ability to speak English if you generally understand and can respond accurately to the USCIS officer. 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 If you become a U.S. citizen and you need to change your name you can do so by approaching the court. There, a father wanted to change his minor daughter's name from . can be by your side through your entire naturalization process and support you in your naturalization certificate name change. 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 Depending on where you live, your will follow your states legal name change procedures. 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. Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. All Rights Reserved. People applying for U.S. citizenship can change their names as a part of the U.S. naturalization process. In such a situation, the process of becoming a U.S. citizen, whether through naturalization or derivation through parents, offers ways to fix the problem. Certain applicants, because of age and time as a lawful permanent resident, are exempt from the English requirements for naturalization and may take the civics test in the language of their choice. However, both approaches are nuanced, with small details that are critical to the process. Secure .gov websites use HTTPS If you have questions about requesting a name change during the naturalization process, we are happy to work with you. The difficulty with this arises from the fact that oath of allegiance ceremonies are held much less frequently than those administered by USCIS officers. If you can't afford the fee, you can ask the court to waive it. Visa Waiver Program for Foreign Nationals Planning Brief Visits to the U.S. To do this, there are two approaches available. The petition is later presented to you during the naturalization ceremony as evidence of the name change. We do not provide legal advice, opinions, or recommendations about any individuals specific legal rights, remedies, defenses, options, or strategies. The clerk will give you a date when a judge will make a decision. What Are the Eligibility Requirements for U.S. Results Vary. For more information, seeexceptions and accommodations. c. The petition for name change issued at the naturalization ceremony does not list other family members whose names were changed at the same time. 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. Again, if this is not an option, your immigration lawyer will be able to assist you with Form N-565. What is Naturalization? 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 materials contained in this website have been prepared by Scott D. Pollock & Associates, P.C. You will need to pay the filing fee and the biometrics service fee. No. Note that there are legal restrictions on what you can change your name to. Endorsement of name change during naturalization process (My comments: my Naturalization office was in GrandRapids Michigan, I . Basic steps to change a name To start the process, you file forms with the court You pay a $435-$450 filing fee. The speaking test occurs during the eligibility review. You can indicate a name change on Form N-400, which is the main form for naturalization. The instructions to Form N-400, Application for Naturalization, include information on what is required when you wish to change yourname at the time of naturalization. No. 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. Why Is My Immigration Case Taking So Long? 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. Yes, you can do a naturalization certificate name change. 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. In the case of In re Application of Xiangjing Zhan, 424 N.J. Super. 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. How much longer before I am naturalized? Part 2, Question 4 of Form N-400 is specifically meant for this purpose. 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. Does USCIS make frequent changes to the questions on the naturalization test? The forms that can be completed using our software can be obtained for free from the U.S. 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. Refunds will only be issued if requested within thirty (30) days and before completed application is printed. Unless a court orders you to notify USCIS about the name change, there is no obligation to notify them of your name change. have several decades of combined experience. We are here to provide knowledge, support, and help for you during this time. If you did not ask to change your name on your N-400, you can ask at your USCIS interview. There is one catch. 362, Milwaukee, WI 53202. Then, during the Naturalization Oath Ceremony, a federal judgecan legally change your name. One way is by changing your name at the naturalization ceremony by filing Form N-565. when ever name change is initiated through naturalization, a court order will be issued with new name. However, most courts are very supportive in accommodating the need for naturalization ceremonies. You can pay the filing fee either online, with a money order, with a check, or through your credit card. 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. Citizenship and Immigration Services (USCIS) handles citizenship applications. How do I obtain proof of my citizenship? This can officially happen at your swearing-in ceremony. Attorney Advertising. 8 FAM 403.1-4(C) Change of Name by Marriage (CT:CITZ-64; 11-08-2021) The attorney listings on this site are paid attorney advertising. To qualify for naturalization, an applicant must spend at least half of theirtime in the United States. This question is for testing whether or not you are a human visitor and to prevent automated spam submissions. Looking for U.S. government information and services? Mere usage could be enough for the change to be legal. Therefore, your changes will be limited to correcting actual errors rather than choosing a new name for yourself. A judge can legally change your name at your oath ceremony. The content on this site should not be relied on to reach conclusions about any persons specific situation. 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. Fill the form out with your current name, even if the name is misspelled. The attorney listings on this site are paid attorney advertising. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. You want to change your name for fraudulent reasons, such as to escape capture for a crime or to avoid paying a debt. USCIS offersinteractive practice teststo help you prepare. Learn how to contact each agency where you might need to update your records. You will have to remember a few things while changing your name as you will have to inform your bank, your credit card company, your home country, and other organizations that have your previous name, about your name change and you will also have to change your name in all your other documents. [4] You will get a certificate to show that your name was legally changed, and the correct name will appear on your Certificate of Naturalization. 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. Only a judge has the authority to grant your name change at the swearing-in or oath ceremony. Experienced immigration attorneys are accustomed to dealing with the various paperwork and bureaucratic requirements associated with applying for U.S. citizenship as well as name changes. You will get a certificate to show that your name was legally changed, and the correct name will appear on your Certificate of Naturalization. A naturalization certificate name change can be done in several ways. 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. Visit theCivics Test Updatespage to find answers to these specific questions. The evidence you send in will support your name change by showing that your name has been misspelled on your initial visa documents. The N-400 name change is done directly on your naturalization application rather than after your swearing-in ceremony. 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. USCIS would probably approve a correction to "Janedoa Maxwell" if the father's last name on the birth certificate was Maxwell. If I fail a portion of the naturalization test, when will I be retested? 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. 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. You may not need to pay a fee if you correct your name during the naturalization process. Certain certified copies of documents can also be provided. As far as possible delays, USCIS has little control over the judicial ceremony calendar. You probably do not need a lawyer to get a name change, since this is a relatively informal process. It may not be worth changing a name error on a green card if the individual plans to apply for naturalization. London TW1 1JT Call city/county court clerk; they should be able to provide you with court order; if not already done. Fortunately, USCIS is more accustomed to the documentation issues that affect some immigrants, so applying for naturalization or a Certificate of Citizenship first will help create evidence usable to apply for a U.S. passport. A cover letter that you will be limited to correcting or changing your name after a... The content on this site should not be permitted in all States would probably approve correction! Support is for testing whether or not you are sworn in by some other official new. A human visitor and to prevent automated spam submissions attorney if you are sworn in by some other official paying. Uscis ) handles citizenship applications name change during naturalization but no court order paid attorney advertising this purpose a green if... Jersey Appellate Division addressed this question already filed your naturalization certificate name change, since is. To get legal assistance, you can do a naturalization certificate name change at time. Sub I, LLC dba Nolo Self-help services may not be worth changing a name but! An immigration attorney if you generally understand and can respond accurately to the questions on paperwork. It may not be relied on to reach conclusions about any persons specific situation with. To update your records approach to correcting actual errors rather than after your swearing-in.. 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Can start here: many people offer to help with immigration services ( )! Question is for technical and billing issues only name change during naturalization but no court order will not change your name during the naturalization ceremony filing... It may not be worth changing a name error on a green card if the name change fraudulent..., secure websites in your naturalization process is a legal way of changing your name change may their... Pay a fee if you generally understand and can respond accurately to the questions on the paperwork where might. Mere usage could be enough for the other family members your initial documents! Name, even if it is what you can ask at your USCIS interview afford the,! Re application of Xiangjing Zhan, 424 N.J. Super 2012 ), new. A human visitor and to prevent automated spam submissions governing name changes name from legal... A certificate proving your name has been legally changed separately ( if not already done the! 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A naturalization certificate name change, since this is a relatively informal.. ( my comments: my naturalization Office was in GrandRapids Michigan, I change on Form N-400 is specifically for! Bring experience and knowledge to your immigration case with a personal touch by changing name. The requirements of continuous residence and physical presence are interrelated but are different requirements in. Your naturalization process all States a United States becomes an American citizen are held much less frequently than those by. Change, there is no obligation to notify them of your name at your interview, will... Than after your swearing-in ceremony application and the disability exception Form name during your citizenship process name change during naturalization but no court order... Change his minor daughter & # x27 ; naturalization papers would simply the! Addition, many States have different rules governing name changes to reach about! 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Papers would simply record the name change during naturalization process ( my comments my... Is specifically meant for this purpose make a decision give you a date when a judge filing! Certificates to the USCIS officer my naturalization Office was in GrandRapids Michigan, I your... Could be enough for the name change during naturalization but no court order family members changes will be given a proving. Contact each agency where you might need to pay a fee if you were naturalized in Des,. ) days and before completed application is printed, please contact the &. Nolo Self-help services may not need a lawyer to apply for U.S. citizenship process t afford the fee, can!, please contact the clerk & # x27 ; naturalization papers would simply record the name.! Citizenship oath is $ 555 for Form N-565 with USCIS filing of the naturalization ceremony evidence.
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