I’ve been getting a number of inquiries from intercountry adopted people about how to address name changes when a new name does not match the name on a Certificate of Citizenship or Certificate of Naturalization. Here’s what I generally say.
Should I Apply for a Replacement Certificate?
A quick response to this question is typically “yes,” as the application can be done online, and pretty easily, by completing Form N-565. But it’s a bit more complicated than that, for a couple of reasons:
- The filing fee for a replacement certificate (Form N-565) is $505, a fee that is often beyond the means of many clients. While there is a fee waiver available to reduce the fee to $0.00, it can be hard to get that waiver unless you are currently receiving a government “means-tested benefit,” such as SNAP (food stamps), SSI, TANF, Section 8, or state “General Assistance” (a more comprehensive USCIS list is here). For those who do not qualify for a fee waiver, the cost to apply for a replacement certificate can be financially out of reach for many of my clients; and
- For a replacement certificate involving a name change or a change to a date of birth, you must send your current and valid Certificate of Citizenship/Certificate of Naturalization to USCIS as part of the application process. This is often anxiety-inducing for clients, who must temporarily part with their certificate—unless they already have a US passport book or card. Currently the wait to get a replacement certificate after filing is about six or seven months, though recently I’ve had a few of them approved in less time. But six months without a vital document can be a lot to ask sometimes, particularly in today’s politically chaotic environment.
Given the 1) $505 filing fee; and 2) having to part with what may be your only legal proof of US citizenship, many intercountry adoptees are deciding not to apply for a replacement certificate to reflect their name change. And that’s OK.
NOTE: A Certificate of Citizenship and a Certificate of Naturalization are not the same document. Also, you cannot have both. Read More.
What Should I Do Instead?
If for whatever reason you do not wish to complete an N-565, I recommend two things:
- obtain certified copies of all name change documents (including changes through marriage, which should appear on a marriage certificate).
- once you have obtained certified copies of your name changes over time, keep them all together in a safe but readily accessible place along with your current Certificate of Citizenship or Certificate of Naturalization. In other words, make sure you have your current certificate PLUS certified copies of all name changes. And keep them bundled together in case you ever need to show how your name has changed over time, especially since you last received a certificate of citizenship or naturalization.
Do I think you are in jeopardy by not having an up-to-date certificate? No. But having one updated is the best option, followed by keeping all of your vital records–including your certificate of citizenship—together in a safe and readily accessible place.
Finally, it’s worth noting that, if your certificate of citizenship or naturalization has been lost, stolen, destroyed, or mutilated (those are USCIS terms), I highly recommend applying for a new certificate. While the cost is still $505 without a fee waiver, it’s worth that cost because—unlike people who need a certificate solely because of a name change—you do not currently have a valid certificate currently. It’s been lost or destroyed, and a plain paper copy may not be accepted as proof of US citizenship (though it may be good in a pinch to convince some offices).
Gregory D. Luce (he/him)
Attorney and Executive Director
Gregory Luce is an immigration and civil rights attorney who was born and adopted in the District of Columbia. He is the executive director of Adoptees United and the founder of the Adoptee Rights Law Center, which provides legal representation to intercountry adoptees through AU’s Citizenship Clinic.