Name change after citizenship in rare case

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style1983

Registered Users (C)
Hello. I have a question of a current situation I'm in regarding, I hope someone can answer.

I was born in Peru, but I came here as a small child. I am 27 now. My parents became citizens when I was 11 years old. I was told this meant I became one by default. I have an American Passport and I can vote. So, by all means, I am a citizen, although I don't have a Citizenship certificate.

Now, I'm at a point in my life where I would like to change my first name to something that sounds more "American".

I know after citizenship that one is allowed to change their name. I was wondering if I would be eligible for this instead of going through the courts which is a long process. Thankfully, it does not require a public notice in my state, but can be viewed online when searched unless the judge seals the document.

If this is possible...can someone tell me approximately how long it takes going the immigration certificate name change route? And, if I'm even eligible, considering I'm already a citizen? I feel people in my situation should have the same option, if anything, we grew up here most of our lives and may want to change our name more than anyone else.

Thanks
 
Ok, a few things come to mind:

1. Don't do it. I am sure that your first name makes you more "interesting" to others. I went through the same decision when I immigrated into an English speaking country and I'm glad someone gave me the advice of not "anglicizing" my name. It makes my life a bit harder when pronouncing my name, but in the end I think it makes it more memorable.
2. You can change your name through "immigration", but it is done through naturalization, not certificate of citizenship. It might still be good for you to obtain a certificate of citizenship, but you won't be able to change your name through this process. It will be issued under your official name.
3. Given that, if you still want to do your name change, you'll have to do a court name change, then you can decide if you'd like to obtain a certificate of citizenship under the new name, and also get a new passport under the new name.
 
style1983 said:
Hello. I have a question of a current situation I'm in regarding, I hope someone can answer.

I was born in Peru, but I came here as a small child. I am 27 now. My parents became citizens when I was 11 years old. I was told this meant I became one by default. I have an American Passport and I can vote. So, by all means, I am a citizen, although I don't have a Citizenship certificate.

Now, I'm at a point in my life where I would like to change my first name to something that sounds more "American".

I know after citizenship that one is allowed to change their name. I was wondering if I would be eligible for this instead of going through the courts which is a long process. Thankfully, it does not require a public notice in my state, but can be viewed online when searched unless the judge seals the document.

If this is possible...can someone tell me approximately how long it takes going the immigration certificate name change route? And, if I'm even eligible, considering I'm already a citizen? I feel people in my situation should have the same option, if anything, we grew up here most of our lives and may want to change our name more than anyone else.

Thanks
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As Huracan says, it is not possible to use the N-600 process (application for a certificate of citizenship) to effect a legal name change.
When naturalization applications are considered, it is possible to apply for a legal name change because it is possible to have the naturalization oath administered by a federal court; in such a case the same court can issue an order for a name change. However, N-600 applications are handled by USCIS only, as an administrative matter, and USCIS cannot issue a name change order.

If you effect a common law (without a court order) name change in your state and then apply for N-600, you might (in theory) be able to convince the USCIS to issue a certificate of citizenship in the new name, but I am not sure if this is possible and in any event this is not a good idea. We live in the times when requirements for issuing all sorts of documents are getting stricter and stricter, and if you are going to change your name, it is far better to have a court order for that name change, as you may well need it in the future.

Regardless of whether or not you do a legal name change, it is a good idea for you to apply for a certificate of citizenship, so that you have a non-expiring document confirming your citizenship. Better do it sooner rather than later since the longer you wait, the harder it will be to collect the necessary documentation needed to obtain a certificate of citizenship.
 
Huracan said:
Ok, a few things come to mind:

1. Don't do it. I am sure that your first name makes you more "interesting" to others. I went through the same decision when I immigrated into an English speaking country and I'm glad someone gave me the advice of not "anglicizing" my name. It makes my life a bit harder when pronouncing my name, but in the end I think it makes it more memorable.
2. You can change your name through "immigration", but it is done through naturalization, not certificate of citizenship. It might still be good for you to obtain a certificate of citizenship, but you won't be able to change your name through this process. It will be issued under your official name.
3. Given that, if you still want to do your name change, you'll have to do a court name change, then you can decide if you'd like to obtain a certificate of citizenship under the new name, and also get a new passport under the new name.
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I don't like my name. It goes further than the fact it's ethnic. I simply don't like it, and it's a name ending in "bert" in english, or "berto" in spanish. I never liked that. The name I'm choosing is more ambiguous but not typically American either. This was a possible name for me, and I remember asking around 14 what the other names considered were for me. I knew instantly I wanted this name.

I would prefer doing it via a citizenship document, but it appears this process is more difficult than going through the courts, and not even possible. Only because I'm going to have to request the documents be sealed, because this has been a personal process for me with years of thinking going into it. I live in a smaller state, and people routinely look up others (for fun it seems) on the Courts Online Search. My concern is when I ask for the document sealed, the judge may not grant it.
 
baikal3 said:
As Huracan says, it is not possible to use the N-600 process (application for a certificate of citizenship) to effect a legal name change.
When naturalization applications are considered, it is possible to apply for a legal name change because it is possible to have the naturalization oath administered by a federal court; in such a case the same court can issue an order for a name change. However, N-600 applications are handled by USCIS only, as an administrative matter, and USCIS cannot issue a name change order.

If you effect a common law (without a court order) name change in your state and then apply for N-600, you might (in theory) be able to convince the USCIS to issue a certificate of citizenship in the new name, but I am not sure if this is possible and in any event this is not a good idea. We live in the times when requirements for issuing all sorts of documents are getting stricter and stricter, and if you are going to change your name, it is far better to have a court order for that name change, as you may well need it in the future.

Regardless of whether or not you do a legal name change, it is a good idea for you to apply for a certificate of citizenship, so that you have a non-expiring document confirming your citizenship. Better do it sooner rather than later since the longer you wait, the harder it will be to collect the necessary documentation needed to obtain a certificate of citizenship.
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Please explain what you mean when you say "If you effect a common law (without a court order) name change in your state and then apply for N-600, you might (in theory) be able to convince the USCIS to issue a certificate of citizenship in the new name, but I am not sure if this is possible and in any event this is not a good idea"

This could potentially save me money, and I could have that document under a name and then get new documents (if this can be done). Also, what makes you think this is even possible? For some reason, I don't find going through the federal process as intimidating as the state.

The court name change process takes 30 days where I live. Would trying to go via the immigration route be easier? Cost effective? Or would it potentially take much longer. The only reason I would prefer this is to avoid the public search notice. It doesn't show up when someone changes their name via citizenship.

If anything, it is slightly surprising this is not a readily available option. Those of us who grew up in America and became citizens by default were not given this option, and we may want the certificate as well with a different name reflected on that certificate.
 
style1983 said:
Please explain what you mean when you say "If you effect a common law (without a court order) name change in your state and then apply for N-600, you might (in theory) be able to convince the USCIS to issue a certificate of citizenship in the new name, but I am not sure if this is possible and in any event this is not a good idea"

This could potentially save me money, and I could have that document under a name and then get new documents (if this can be done). Also, what makes you think this is even possible? For some reason, I don't find going through the federal process as intimidating as the state.

The court name change process takes 30 days where I live. Would trying to go via the immigration route be easier? Cost effective? Or would it potentially take much longer. The only reason I would prefer this is to avoid the public search notice. It doesn't show up when someone changes their name via citizenship.

If anything, it is slightly surprising this is not a readily available option. Those of us who grew up in America and became citizens by default were not given this option, and we may want the certificate as well with a different name reflected on that certificate.
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In theory, the federal law and the laws of most states allow the so-called common law name change: when a person simply switches to a new name and starts using it exclusively and consistently as a new legal name, without a court order for the name change.
E.g. read about it here:
http://myfamilylaw.com/library/Change-Your-Name/Common-Law-Name-Change/
http://marriage.about.com/od/namechange/g/commonlawrule.htm

In practice, however, you will have all sorts of difficulties (and, given the current trends, more difficulties in the future) if you try to do a common law name change. Many agencies of federal government and many state agencies will want to see a court order ordering the name change. For the moment the State Department does allow one to change the name in the passport without a court order, see the bottom table at http://travel.state.gov/passport/correcting/ChangeName/ChangeName_851.html
But you'll already have some difficulties with changing the social security card as well, as, fairly likely, with various state agencies. Moreover, many non-governmental institutions, such as banks and credit card companies, will want to see a court order for a name change.
So I would not recommend it.
 
So, anyone who changes their name after obtaining citizenship still has to get a court-orderded certificate? I was thinking it would be the same process. I take the oath, and declare a new name...if it were only so easy.

I know I could just use the name, but I would like to make everything official.
 
style1983 said:
So, anyone who changes their name after obtaining citizenship still has to get a court-orderded certificate?
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Technically, no (since a common law name change is still possible) but in reality, yes.

I was thinking it would be the same process. I take the oath, and declare a new name...if it were only so easy.
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Name change is mainly governed by state law and federal courts do not perform name changes, except as a part of the naturalization process. So for a name change after naturalization you'd have to go through a state court.
 
I remember reading somewhere that a Citizenship/Naturalization name change handles everything. New ID, Social security, etc.

So, I cannot take the oath and have this option? Let's say it were possible...would this process take even longer than going through court-ordered name change? I do like how there is more privacy regarding this process via citizenship.

I don't have an official citizenship certificate as you know.

I understand the court via state method is preferred, and you recommend it as well. It seems like going through the citizenship-oath process would be even more work.

Just to get the certificate itself...how does that work considering I'm already a citizen?
 
style1983 said:
I remember reading somewhere that a Citizenship/Naturalization name change handles everything. New ID, Social security, etc.
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Absolutely not, nothing of the sort. Even for those people who get their name changed as a part of the naturalization process, that is where the role of USCIS stops. The person himself/herself has to deal with all the other agencies after that to get the appropriate documents issued in the new name: social security administration, driver's license, bank cards etc. USCIS does not do it for anybody.

So, I cannot take the oath and have this option? Let's say it were possible
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Like I said, it is NOT POSSIBLE. Unless you are going through naturalization, YOU CANNOT do a legal name change through USCIS. End of story, no ifs or buts or what ifs.


Just to get the certificate itself...how does that work considering I'm already a citizen?
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You can apply for a certificate of citizenship by submitting the form N-600 to USCIS, see
http://www.uscis.gov/portal/site/us...toid=a936cac09aa5d010VgnVCM10000048f3d6a1RCRD

Getting a certificate of citizenship does not make one a citizen, it simply provides a person with a non-expiring document confirming the U.S. citizenship.
 
What I meant to say, is that a name change via naturalization gives you the ability to obtain the new documents (I had read that somewhere). Not that it's done for you automatically.

I would like to obtain a "naturalization certificate with chosen name" to have a document showing I'm a US citizen...and then use that to goto the appropriate agencies to be able to change my name from there. If this was possible...how long would the process take? and what would be the approximate cost? I'm asking if it's even worth exploring. This forum is just step 1.

It still seems odd to me those in my situation (naturalized by default as minors) aren't given this option, considering we don't have official non-expiring documents confirming our citizenship.

sorry for the miscommunication.
 
style1983 said:
What I meant to say, is that a name change via naturalization gives you the ability to obtain the new documents (I had read that somewhere). Not that it's done for you automatically.

I would like to obtain a "naturalization certificate with chosen name" to have a document showing I'm a US citizen...and then use that to goto the appropriate agencies to be able to change my name from there. If this was possible...how long would the process take? and what would be the approximate cost? I'm asking if it's even worth exploring. This forum is just step 1.

It still seems odd to me those in my situation (naturalized by default as minors) aren't given this option, considering we don't have official non-expiring documents confirming our citizenship.

sorry for the miscommunication.
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The application fee for N-600 is currently $600 and it takes about 5-6 months to do it, assuming there are no complications.

Regarding naturalization: those people who do the name change as a part of naturalization not only get a naturalization certificate issued in the new name, but they also get a court order showing the name change from the old one to the new one.
It is that court order (and not just having the naturalization certificate issued in the new name) that allows them to subsequently change to the new name various other things like driver's license, social security card, employer ID, bank cards, credit cards etc.
Without having such a court order, showing both the old and the new name, it is very difficult if not impossible to change all these other things.

In theory it might conceivably be possible to apply for N-600 and to convince USCIS to issue a certificate of citizenship in the new name, without showing them a name change court order and arguing that you made a common law name change. However, I doubt that this is possible as the USCIS instructions do not mention such possibility anywhere. Moreover, in the form N-565, http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
which one has to file to get a new certificate of citizenship in a new name if you do a legal name change after having gotten a certificate of citizenship earlier (with the old name), the application instructions specifically ask for a copy of the name change court order. So it seems most unlikely to me that USCIS would not require such a court order when you apply for a certificate of citizenship the first time around.
 
So would cost minimum $600, even though considering I'm already a citizen. I was hoping it would be possible to have those fees waived, considering I'm already a citizen, but haven't gone through the process in the traditional sense (making this rare). I will call them to make sure. I hope someone can give me exact clarification. I do like the fact there is more privacy going that route.

It doesn't become public record on the state online court search (Iowa) if name is changed via naturalization. I'm sure it does become some sort of public record, but not in same easily accessible manner that anyone can just look it up without having to make some special request, or an employer conducting a background check.

$180 is the price for in state change of name.
 
You cannot change your name through any US citizenship or naturalization process, because you are already a US citizen.

You can apply for a citizenship certificate, but it will have your original name unless you complete the name change separately BEFORE obtaining the certificate. And you can't use that certificate by itself to change your driver's license, Social Security card, etc.... you would still need to show the name change court order that was obtained BEFORE your citizenship certificate.

Why are you so worried about the new name being a public record? Did you commit a crime with the old name? Or are you planning to continue to use the old name in some circumstances?

If you want to continue to use the old name in certain situations, don't get rid of it altogether; let it become your middle name when you take the new first name. So officially that old name would still be yours to use when you want to use it.
 
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I live in a smaller community, and people routinely talk about going to the "Courts search" website quite often. You meet someone new, that's probably the first thing they do.

It's just something I don't want to tell people or have instantly known about me. It comes across out of the ordinary, and may change perception of myself, yet it's something I want to do, and have wanted for years.

My plan is to tell most people I already know the first name I plan to use was my middle name (it's common in my culture to have up to 3 or 4 middle names)...and now it's just what I have chosen to go by. It will be more difficult now, unless I can get this document sealed somehow. Also, it's taken years of convincing for my family to get "on board" if you will. You simply look up my family's last name (I believe only 3 other families in the entire state have it as well), and there it is.

I also plan to add on my mother's maiden name after paternal surname. Will keep my current first name as middle name. Omit current middle name fully, which has been the only easy decision with this entire process. It's just something very personal to me and I don't want to share it with the world. I hope that can be understood.
 
aaren253 said:
I sweared and got citizenship certificate in year 2000 with my new name but never received name change certificate now that I want to refinance my mortgage they ask for court name change certificate.
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Please explain a little bit more...were you already a citizen before getting the certificate?

Were you able to get documents (ID, social security) in your new name?

How long and how much did it cost?
 
style1983 said:
So would cost minimum $600, even though considering I'm already a citizen. I was hoping it would be possible to have those fees waived, considering I'm already a citizen, but haven't gone through the process in the traditional sense (making this rare).
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The form N-600 is specifically meant for people who are already citizens, and everybody eligible to file N-600 is already a citizen, so there is nothing "rare" about your case. They won't give you a fee waiver on the "rarity" grounds.
Those who are not yet citizens and are applying for naturalization have to file a different form, N-400, application for naturalization.

USCIS does have a general fee-waiver process for most forms (by filing form I-912, together with another application, such as N-600), see http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
However, its fee-waiver process is means-tested and only very low-income applicants (near the federal poverty level) are eligible.

Like I, and the others, told you several times over, you cannot use the N-600 process to obtain a court name change order. At best, you might be able to convince USCIS to issue a certificate of citizenship in the new name (arguing that you made a common law name change). However, even that is extremely unlikely and in the most unlikely case that you do succeed, you still won't have a court order ordering the name change and will experience all sorts of problems because of it down the road. It would just be a giant waste of money and time and would create more problems than it might solve.
 
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style1983 said:
It's just something I don't want to tell people or have instantly known about me. It comes across out of the ordinary, and may change perception of myself, yet it's something I want to do, and have wanted for years.
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You're wrong about that. Name change is kind of common in the US, especially among immigrants and celebrities, and people don't look at it strangely unless the new name itself is strange. I presume you're not changing your name to Englebert Humperdinck!

You're worrying about nothing. Just be honest ... you found out years ago that it was an alternate name your parents were thinking of giving you, and you strongly preferred that name so finally made the decision to added it as your first name, and you moved your original first name to the middle. End of story. They'll respect that. But they'll think strangely of you if you lie about it and they catch the lie by searching the public records.
 
Ok, the n600 does not allow name change. I get that. I still don't understand why brand new citizens are able to get this court-ordered name change when they receive their proof of citizenship papers, yet someone who is already a citizen, but doesn't have these papers cannot.

It does seem to be a slower process.

You keep mentioning the lack of a court-ordered name change, as USCIS does not do that. I understand that. Then how do those becoming citizens get their new name?

I'm still confused as to why it's impossible to do this. I've never taken the oath either (became citizen as minor). I thought it could be done as part of that process.
 
style1983 said:
Ok, the n600 does not allow name change. I get that. I still don't understand why brand new citizens are able to get this court-ordered name change when they receive their proof of citizenship papers, yet someone who is already a citizen, but doesn't have these papers cannot.
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Because naturalization can be done by a federal judge (who has the power to do a name change). An N-600 is done by USCIS, which doesn't have that power.
 
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