Should I change wrong name on GC before starting N-400?

[Pw87]

Hi I have been a GC holder since 2004 but haven't had enough days to maintain physical presence as I was studying abroad for the majority of that time. My 913 days will be up on March 31st. I have a few questions before starting my N-400 application.

1. My name on the GC is wrong. This is not obvious on first glance as all the names are there but they have my middle name and surname the wrong way around. This is because we do not have surnames in my native country. Therefore the way my name is ordered on the GC is different from that of my social security, driver's license, credit cards etc. I tried to get it changed when I first got my GC but it required me sending off my GC and waiting around for a few months which I was not able to do since I was in university abroad. People have also told me that it is easier to change it when taking my citizenship oath. However I am concerned that it is going to be a problem in my N-400 application as the name on my GC does not match my official legal name. Should I try and get a new GC issued before starting my N-400? However I have heard that this can take up to 6-7 month and thus will push back the time I can start the N-400 process.

2. My 913 days are up on March 31st. However I have counted the days that I flew out of the US and flew back in. I have seen on this forum that people have been denied due to the immigration officer refusing to count these days. How should I change my calculations to be safe? How much leeway should I give myself before starting the process?


Thank you very much for your advice. I have been considering doing this with a lawyer as I think my case is a bit complicated. I really appreciate the advice and support on this forum.

 

[Jackolantern]

1. Don't bother to change the name on the green card. Just write your correct legal name in part 1A, and write the (incorrectly ordered) green card name in 1B. They put 1A and 1B there separately because they know the green card often has the wrong name.

2. When filling out the travel history section, count the exit and entry dates as days inside the US, as that is what the instructions say. However, for the purpose of deciding when to apply, play it on the safe side and use the worst-case interpretation, i.e. count the exit and entry dates as being outside the US. Then apply when you have 913 days under that interpretation, preferably 920 or 925 days for extra safeguards against their inaccurate counting.

Note that if you are so close to the limits of physical presence, you may also be at significant risk of breaking the continuous residence requirement. Did you take any trips of 6 months or more outside the US in the past 5 years?

 

[Pw87]

Thank you for your advice. It makes me feel a lot happier knowing that I don't have to change my GC first before starting my application.

I have taken care to never be out of the country longer than 6 months ever since I got my GC so I don't think the continuity will be an issue.

Thank you again.

 

[Jackolantern]

Thank you for your advice. It makes me feel a lot happier knowing that I don't have to change my GC first before starting my application.

Make sure to bring other documents that have your name correctly -- passport, driver's license, birth certificate etc. as the interviewer may ask for proof of your correct name.

I have taken care to never be out of the country longer than 6 months ever since I got my GC so I don't think the continuity will be an issue.

That's good, but it's still possible to be denied for breaking continuous residence without any individual trip being over 6 months, if you took multiple long trips close together (e.g. 4 trips of 5 months each with 2 weeks in the US between trips).

 

[Pw87]

Make sure to bring other documents that have your name correctly -- passport, driver's license, birth certificate etc. as the interviewer may ask for proof of your correct name.


That's good, but it's still possible to be denied for breaking continuous residence without any individual trip being over 6 months, if you took multiple long trips close together (e.g. 4 trips of 5 months each with 2 weeks in the US between trips).

How does that work? I did have many frequent and long trips outside the US as I was in university at that time and could only come home on holidays (Christmas, Easter etc). Each trip was about 3-5 months.

Edit: I read up on this issue on other threads in this forum and it seems the interpretation is very officer-dependent and the case is more against me if I was primarily resident abroad and working there etc. In my case, I was a university student finishing up a 5 year course (which I was accepted to before I got my GC) and not working abroad at all. Do you think this will help my case? Thank you again for your useful advice.