Really regret not using N-400 name change form

[guess88]

Hi,

There's not much I can do about it now, but I at least wanted to share my story.

I was born in a Latin American country, moved to the US at a young age. My parents became citizens when I was 9 years old, therefore I automatically became a citizen by default (I'm not sure if it still works this way or not). The difference being, I was never required to take an oath or anything, because I was a minor.

As I got older, I never was able to like my birth name. It's one of those names that simply doesn't transfer well to English, I always had to correct people, plain & simple - I didn't like it and had early memories of not liking it. I always felt very American and proud to be American, but I grew up in a not very diverse part of the midwest and I felt different over it. It would have been easier growing up with an American name, or an ambiguous name like Daniel, which is also a Spanish name and no changes have to be made in English.

So, I got older, and decided to change my name legally to something more ambiguous that I was happy with. In the state I live in, it's a fairly easy process, except it shows up on the State Courts Search website. Meaning, if you have a rare last name (which I do as well) it's extremely easy to track you down via this website. Also, for name changes, it states that you had a name change, opposed to a case number how it does for most everything else.

This was a few years ago, and I knew this would happen, but I wanted to do it anyways and I underestimated everything. I went ahead and did it via local court, not realizing I could have used the N-400 and not had this show up on the State Courts website.

Thankfully, it doesn't show up in google, but I have had some trouble finding a job lately (even jobs I'm obviously qualified for) and I think this may have something to do with it. Also, anyone who sees it assumes the worst when someone changes their name (besides marriage name changes or returning to maiden name). I only changed my first name and kept my original first name as a middle name, last name is same.

Later on, I met a woman who changed her name via N-400 when she became a citizen in her 20's, I wish I had done the same. It's not searchable on the State Courts website. The N-400 is the only way to not have your name change publically searchable (some jurisdictions may not show this several do). A transgendered person can also have their name change sealed by the court, I made the request to the judge during the initial process but it was denied.

If I wanted to file a motion with the court, and make a request again, and if it were denied, this time it would show up on the State Courts website (for some reason thankfully it did not the first time, I think because I made the request informally without filing a motion).

Looking back, all of this could have been avoided going the N-400 route. My life would be a lot easier. If I could retroactively undo the legal name change, then apply for the N-400, I would consider it, but I've already changed all my documents and it could take years to redo the process, and everything could get denied as well.

I thought this could be of interest to someone who is a now a citizen and is considering changing their name, go the N-400 route if you can.

 

[Aayitrun]

I have had some trouble finding a job lately (even jobs I'm obviously qualified for) and I think this may have something to do with it. Also, anyone who sees it assumes the worst when someone changes their name (besides marriage name changes or returning to maiden name). I only changed my first name and kept my original first name as a middle name, last name is same.

if you are discriminated against from getting a job, you can sue the company that discriminates.

changing a name has no bearing on your ability to get jobs whether you change it in a local court or with the n400. as far as people thinking the worst, the worst generally change their full name. u have only changed the first. sounds a little far fetched that people are wary of you because u changed your first name in a local court.

 

[guess88]

I think N-600 would actually be the correct document.

I never received an actual Certificate of Citizenship for some reason. I would have preferred going that route opposed to the local courts to change my name. I know someone who did it via N-600, and she is able to use her new name without having it show up in statewide public records searches.

I didn't know this was an option and I really regret not doing it now. You cannot prove that anyone is discriminating against you for changing your name (besides marriage last name change or going back to maiden). It simply comes across as out of the ordinary to most (especially with Spanish names which I'll explain). It's only accepted in Hollywood, or if you had a very odd foreign name that needed to be shortened for simplicity.

The majority of Spanish names can be somewhat Anglicized, not all, but a lot can. Even the ones that cannot, still usually have a near-English equivalent. This is not true with several Asian or Indian names. They can choose a completely American name starting with the same letter, and that is understood.

Yet, if you have a Spanish name (one you don't like) that you change to an American name (that could still be a Spanish name because of cultural ambiguity).

Let's say a guy named Octavio, all of a sudden becomes Daniel.

Octavio can be Anglicized to Octavius, but let's assume this person didn't like the name Octavius or the Spanish version of Octavio. A lot of what would be considered "strange/outdated" English names are actually very popular in Spanish countries in the Spanish version. So he chose Daniel, which is a common American name, but it's also a common Spanish name, it's just not well known as a Spanish name. Yes, I know Daniel might be an older name than Octavius, but it's not perceived as outdated.

It's simply not as the same as if an Indian guy named "Vignesh" choose an American name, then it's understood. It's more difficult for someone to understand you didn't like the phonetics of a name unless it's such a rare foreign name that most haven't heard.

 

[WBH]

IThe majority of Spanish names can be somewhat Anglicized, not all, but a lot can. Even the ones that cannot, still usually have a near-English equivalent. This is not true with several Asian or Indian names. They can choose a completely American name starting with the same letter, and that is understood.

Many other countries required naturalized citizens to change names to local style.

 

[Jackolantern]

My parents became citizens when I was 9 years old, therefore I automatically became a citizen by default

Do you have a US passport and/or certificate of citizenship? If not, it's possible that further analysis of your situation would determine that you're really not a US citizen.

I went ahead and did it via local court, not realizing I could have used the N-400 and not had this show up on the State Courts website.

If you already derived citizenship as a child, you can't get a name change via N-400 because you wouldn't be eligible for N-400 at all. N-400 is only for people who don't have citizenship yet and they want to obtain citizenship. N-400 simply wasn't an available option for you (unless the analysis I mentioned above determines that you did NOT derive citizenship as a child).

Deriving citizenship as a child would qualify you for a citizenship certificate via N-600, but the N-600 does not have the option for a name change.

 

[guess88]

Do you have a US passport and/or certificate of citizenship? If not, it's possible that further analysis of your situation would determine that you're really not a US citizen.


If you already derived citizenship as a child, you can't get a name change via N-400 because you wouldn't be eligible for N-400 at all. N-400 is only for people who don't have citizenship yet and they want to obtain citizenship. N-400 simply wasn't an available option for you (unless the analysis I mentioned above determines that you did NOT derive citizenship as a child).

Deriving citizenship as a child would qualify you for a citizenship certificate via N-600, but the N-600 does not have the option for a name change.

I do have a US Passport in my former name, which I need to update soon. I never went through the N-400 at all. I had a green card as a child of course.

I know a person who was in the same situation as myself, both her parents became citizens (we went to high school together so we were close to same age), she later changed her name after turning 18 via USCIS, because it is not viewable on the state courts website, how mine is.

I'm assuming there was either a mistake, or for whatever reason she was not granted citizenship as a minor they way I was by default. Maybe there was a special provision where parents could reject their children automatically becoming citizens, but that seems rather odd. I don't plan to ask her because it's a personal question and not my business, but I highly doubt this was the case and that she did in fact change her name via N-600.

 

[Jackolantern]

I do have a US Passport in my former name, which I need to update soon. I never went through the N-400 at all.

And you should not regret not going through the N-400 process, because you were not eligible for it.

I know a person who was in the same situation as myself, both her parents became citizens (we went to high school together so we were close to same age), she later changed her name after turning 18 via USCIS, because it is not viewable on the state courts website, how mine is.

I'm assuming there was either a mistake, or for whatever reason she was not granted citizenship as a minor they way I was by default. Maybe there was a special provision where parents could reject their children automatically becoming citizens, but that seems rather odd. I don't plan to ask her because it's a personal question and not my business, but I highly doubt this was the case and that she did in fact change her name via N-600.

In her case, either USCIS made a mistake by not realizing that she had already derived citizenship, or the facts of her situation determined that she actually did not derive citizenship through her parents. Having both parents obtaining citizenship before you're 18 doesn't always mean you derive citizenship. There are other conditions, for example:

- If her parents were divorced or legally separated, the nature of the custody arrangement could have prevented her from deriving citizenship... such as if her mother was given full custody but she was physically living with her father.
- If she was living apart from her parents, she wouldn't derive citizenship through them.
- If she was adopted from abroad, technicalities found with the adoption may disqualify her from deriving citizenship unless readopted in the US before age 16.
- If she was adopted (from anywhere), and turned 18 before 27th Feb 2001, she wouldn't derive citizenship unless her parents actively applied for it before she turned 18.
- If she didn't have a green card as a child, she couldn't derive citizenship.

 

[guess88]

Is it really that far-fetched to believe that someone during the N-600 ceremony made the request to change their name (citing they never got the chance the way other immigrants going through the process do), and have that request be granted by the judge? It's had to have happened at least a few times before. I'd venture to say quite a few people going through the N-600 are doing so mainly with that reason. It's never been statistically recorded as to whether or not anyone actually had their name changed during this process, but I'm sure the request has been granted before.

 

[Jackolantern]

Is it really that far-fetched to believe that someone during the N-600 ceremony made the request to change their name (citing they never got the chance the way other immigrants going through the process do), and have that request be granted by the judge?

N-600 oaths are handled by USCIS without involving a judge, and without a judge the oath can't include a name change.

However, there are a few districts where the N-400 oath is always administered by a judge. If the N-600 oath is also administered by a judge in those districts, I suppose it's theoretically possible that a name change could be granted by the judge if the request is made in advance. Never heard of it actually happening though.

 

[guess88]

N-600 oaths are handled by USCIS without involving a judge, and without a judge the oath can't include a name change.

However, there are a few districts where the N-400 oath is always administered by a judge. If the N-600 oath is also administered by a judge in those districts, I suppose it's theoretically possible that a name change could be granted by the judge if the request is made in advance. Never heard of it actually happening though.

That's what I meant, it may not be the norm, but if the N-600 is administered by a judge, a name change is not specifically excluded either.

Looking back, I would have found out a judge administered the N-600 ceremony where I live, and would have tried this option before the state courts. It must be, considering I know one person who did it, but a different judge may have not allowed it.

Impossible to quantify at this point, but I still would have liked to know I tried.

 

[TheRealCanadian]

Thankfully, it doesn't show up in google, but I have had some trouble finding a job lately (even jobs I'm obviously qualified for) and I think this may have something to do with it.

It almost certainly doesn't.

 

[guess88]

When you explain it to someone they find it very odd. For example, when I updated my bank documents, the person handling it looked at me completely dumbfounded like I did something so bizarre when I showed the court order.

Changing your name should be a normal thing to do, after all, we don't choose our names, but once you get one, you are stuck with it forever even if you change it.

Different topic, but parents should really put more thought into it sometimes.