CHANGING NAME WHILE APPLYING FOR CITIZENSHIP

If you have been wanting to change your name—whether your first name, last
name (surname) or both—applying to become a naturalized U.S. citizen offers
you a possible way to do so, and with few administrative hassles.
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. Citizenship and Immigration Services, or
USCIS). Part I, Question D of the form is specifically meant for this purpose.

Swearing-In Must Be Done by a Judge

However, there is one catch. This name-change service is available only
through USCIS offices where the swearing-in (oath) ceremonies are held in a
courtroom, presided over by a judge, not a USCIS officer. The judge has the
authority to grant your name change at the swearing-in ceremony.
In some regions of the United States, ceremonies presided over by a judge
are held only a few times per year, so asking for a name change will result in
your waiting longer than most people to receive citizenship.
In other regions, the swearing-in ceremonies are held at a USCIS office—
sometimes right after the naturalization interview. In such a case, your request
for a name change on Form N-400 cannot be acted upon. You will need to
follow the name change procedures provided under your state’s law, which
most likely involve filing a name change petition with the state court. After the
court grants your name change, and assuming you have already become a
U.S. citizen, you will need to apply to USCIS for a new certificate of
naturalization, using USCIS Form N-565.
To find out your options, contact your local USCIS field office—the one that
will be conducting your interview—and ask whether a judge performs the
ceremony.
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. (Unfortunately, you cannot pick and choose which USCIS office
to attend your interview at. USCIS makes this decision for you.)
If you are in luck, and are approved for citizenship at the interview, the officer
will have you fill out a form called a Petition for Name Change during your
interview.

Restrictions on the Name You Can Choose

Note that there are legal restrictions on what you can change your name to.
The judge will not approve your name change request in the following types of
circumstance:
  You want to change your name for fraudulent reasons, such as to
escape capture for a crime or to avoid paying a debt.
 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.
 Your name is intentionally confusing, such as "Annum 2013" or "Airbus
Jet."
 Your name is threatening, obscene, or likely to incite violence. "Kick U.
Down," for example, is not likely to be allowed.

Can I change my name when applying

for US Citizenship?
Permanent Residents who comply with the eligibility requirements set by U.S. law may apply for U.S.
citizenship. Applicants are required to complete and submit Form N-400 to apply for U.S.
citizenship .
N-400, Application for U.S. Citizenship, provides applicants the option to request a legal name
change during the naturalization process. However, if the applicant has already officially changed
his/her name because of marriage, divorce, the death of a spouse, or for any other reason, it will not
be necessary to proceed with the name change during the naturalization process. In such cases,
applicants are required to present proof of the legal change in the form of a marriage certificate or
divorce decree, for example. Then USCIS will issue the Certificate of Naturalization with the new
name.
However, if an applicant has not previously changed his/her name but wishes to do so, applying to
become a naturalized U.S. citizen offers you a possible way to do so, and with very few
administrative hassles. Applicants can legally change their name(s) without additional court
procedures by simply filling in their chosen new name on Form N-400 - Part II, Question
4. Please keep in mind the name-change service is available only through USCIS offices where the
swearing-in (oath) ceremonies are held in a courtroom, presided over by a judge, not a USCIS
officer. In some regions of the United States, ceremonies presided over by a judge are held only a
few times per year, so asking for a name change may delay the citizenship process. If the
swearing-in ceremony is held at a USCIS office, the request for a name change on Form N-400
cannot be acted upon. Applicants will need to file a name change petition with the state court -
depending on the state of residence. Once the name change is granted, then applicants will need to
apply, using USCIS Form N-565, for a new certificate of naturalization.

The key to a successful name change during naturalization hinges upon the interview,
because this is when a petition for name change can be requested and completed, and
this is also when the immigration case adjudicator can check to see when a judge will
be presiding at the naturalization ceremony. It’s up to applicants to wait for this
opportunity, which can save time and court costs versus doing it at the state level, but
there may be cases in which green card holders want to get their certificates more
quickly so they can exercise their right to vote, obtain a U.S. passport, sponsor a foreign
relative’s visa application, get a federal job, or apply for a military commission.
When a name change takes place after the swearing-in ceremony, new citizens may
want to consult with an immigration law firm to file form N-565 for the purpose of
amending the naturalization certificate and other documents, such as U.S. passports
and border crossing cards. Whether the name change is done at the federal immigration
or state level, certain restrictions apply, with the most common being attempting to
change names for fraudulent reasons.

We received a question a while back on The Beacon about naturalization ceremonies, and
thought it might be good to clarify a few things. Under the law, U.S. Federal courts have the
right to exclusively administer the oath of allegiance. Some courts have waived this right and
allow USCIS to administer the oath of allegiance.

If you attend a ceremony in which the court administers the oath of allegiance, this is called a
judicial ceremony. An oath administered by USCIS is called an administrative ceremony. 

You will have a judicial ceremony if you live in an area that is under the exclusive jurisdiction of
the court. Because USCIS field offices often service more than one state or more than one court
district, different applicants may have different types of ceremonies, depending on where they
live. For example, the Washington Field Office services both the District of Columbia and parts
of Virginia. If an applicant lives in DC, he or she will have a judicial ceremony, while applicants
from Virginia may have an administrative ceremony.

You will also have a judicial ceremony if you indicate on your Form N-400, Application for
Naturalization, that you would like to change your name. Your name change must be approved
by a judge; therefore, your name change will be changed at a judicial ceremony. 

Offices that conduct administrative ceremonies may have same-day naturalization

ceremonies. USCIS will post on its field office web pages which offices have same-day
ceremonies when we revise the pages in the coming months. 

Finally, you may have a judicial ceremony even if you do not live in an area under the exclusive
jurisdiction of the court if it is a special ceremony or if it is convenient for the office to schedule
you for a judicial ceremony. Similarly, you may have an administrative ceremony in certain
circumstances if you are not changing your name and the court has waived its right to
administer the oath as a one-time event or under special circumstances. 

Please also note that the court does not have the exclusive right to administer the oath of
allegiance in certain military naturalization cases.