Can I Change My Name When I Apply for U.S. 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 2, Question 4 of Form N-400 is specifically meant for this purpose.

For a Legal Name Change, Swearing-In Must Be Done by a Judge

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 and presided over by a judge, not a USCIS officer. Only a judge has the authority to grant your name change at the swearing-in or oath 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 routinely 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.

For more information on the relevant law, see the Name Change page of Nolo's website.

More on Naturalized Citizenship

If you're still in the planning stages, here's free, accurate, and up-to-date legal information on every step of the process of obtaining U.S. citizenship. For the whole scoop on getting American citizenship, see the book, Becoming a U.S. Citizen: A Guide to the Law, Exam & Interview, by Ilona Bray (Nolo).