The table below serves as a quick reference guide for requests to replace certificates of citizenship or naturalization. The sections and paragraphs that follow the table provide further guidance.
|
Certificate |
Correct USCIS Clerical Error |
Date of Birth Correction No clerical error |
Legal Name Change |
Lost or Mutilated Certificate |
Legal Gender Change |
|---|---|---|---|---|---|
|
Certificate of Citizenship |
Permitted; no fee required |
Permitted if correction through U.S. state court order or similar state vital record (fee required) |
Permitted if name change through court order or operation of law (fee required) |
Permitted (fee required) |
|
|
Certificate of Naturalization |
Permitted; no fee required |
Not permitted (8 CFR 338.5) |
Permitted (fee required) |
||
A. General Provisions
In general, an applicant submits an Application for Replacement Naturalization/Citizenship Document (Form N-565) to request a replacement Certificate of Citizenship or Certificate of Naturalization. The application must be submitted with the appropriate fee and in accordance with the form instructions.[1]
A person may request a replacement certificate to replace a lost or mutilated certificate. A person may also request a replacement certificate, without fee, in cases where:
-
USCIS issued a certificate that does not conform to the supportable facts shown on the applicant’s citizenship or naturalization application; or
-
USCIS committed a clerical error in preparing the certificate.[2]
B. Requests to Change Name or Date of Birth
1. Certificates of Naturalization
Applicants may submit Form N-565 to update their name on a replacement Certificate of Naturalization based on a name change ordered by a state court with jurisdiction or due to marriage or divorce.[3]
Unless there is a USCIS clerical error, regulations prohibit USCIS from making any changes to a date of birth on a Certificate of Naturalization if the applicant has completed the naturalization process and sworn to the facts of the application, including the date of birth (DOB).[4]
2. Certificates of Citizenship
Applicants may submit Form N-565 to request issuance of a replacement Certificate of Citizenship to correct the name or date of birth (DOB) if they have obtained a state-issued document with a corrected name or DOB. Along with their application and the appropriate fee, applicants must submit the court order or other state vital record.[5]
C. Clerical Errors
Applicants may submit Form N-565 to request issuance of a replacement Certificate of Citizenship or a Certificate of Naturalization to correct the name or DOB if the correction is justified due to USCIS error.[6] No filing fee is required when an application is filed based on a USCIS error.
D. Request to Change Gender Marker
Applicants who seek to change their gender marker on their Certificate of Naturalization or Certificate of Citizenship may apply for replacement certificates by filing Form N-565. Currently, Form N-565 requires that the change of gender must be legally recognized through a court order, a government-issued document (for example, passports or driver’s licenses), or a medical certification.[7] If applicants seek to change their name on their Certificate of Naturalization or Certificate of Citizenship, they may do so by following the procedures described in Section B, Requests to Change Name or Date of Birth, Subsection 1, Certificates of Naturalization [12 USCIS-PM K.4(B)(1)] and Section B, Requests to Change Name or Date of Birth, Subsection 2, Certificates of Citizenship [12 USCIS-PM K.4(B)(2)] of this chapter.
Footnotes
[^ 1] See 8 CFR 103.7.
[^ 2] See 8 CFR 338.5(a).
[^ 3] See INA 343(c).
[^ 4] See 8 CFR 338.5(e). The regulation at 8 CFR 338.5(e) specifically provides that USCIS will not deem a request to change a DOB justified if the naturalization certificate contains the DOB provided by the applicant at the time of naturalization.
[^ 5] See Chapter 2, Certificate of Citizenship, Section B, Contents of Certificate of Citizenship, Subsection 3, Changes to Names or Dates of Birth per Court Order [12 USCIS-PM K.2(B)(3)].
[^ 6] See 8 CFR 338.5(a), 8 CFR 338.5(c), and 8 CFR 338.5(e). See the Immigration Act of 1990, Pub. L. 101-649 (PDF) (November 29, 1990), which transferred the authority over naturalization from the courts to the executive branch. For naturalization certificates issued by a court prior to 1991, the regulations provide that USCIS may “authorize” the court to make a change on the certificate if it is the result of clerical error. However, USCIS plays a minimal role in these cases. See 8 CFR 338.5(b) and 8 CFR 338.5(e).
[^ 7] See instructions for Application for Replacement Naturalization/Citizenship Document (Form N-565).
