us-uscis-policy-manual-volume-12-part-k-chapter-4•Chapter 4 - Application for Replacement of Naturalization/Citizenship Document
Chapter 4 - Application for Replacement of Naturalization/Citizenship Document
us-uscis-policy-manual-volume-12-part-k-chapter-4Chapter 4 - Application for Replacement of Naturalization/Citizenship DocumentGuidance
The table below serves as a quick reference guide for requests to replace certificates of naturalization or citizenship.[1] The sections and paragraphs that follow the table provide further guidance.[2]
| Type of Certificate | Correct USCIS Clerical Error | Date of Birth Correction (Not USCIS Clerical Error) | Legal Name Change | Lost or Mutilated Certificate |
|---|---|---|---|---|
| Certificate of Naturalization | Permitted (no fee required) | Not permitted per 8 CFR 338.5 | Permitted if name change through court order or operation of law, including common law name change evidenced by a state-issued identification document[3] (fee required) | Permitted (fee required) |
| 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, including common law name change evidenced by a state-issued identification document[4] (fee required) | 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.[5]
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;[6] or
- USCIS committed a clerical error in preparing the certificate.[7]
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 by operation of law, including a common law name change evidenced by a state-issued identification document, or a name change resulting from marriage or divorce.[8]
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).[9]
2. Certificates of Citizenship
Applicants may submit Form N-565 to request issuance of a replacement Certificate of Citizenship to correct the name or 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.[10]
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.[11] No filing fee is required when an application is filed based on a USCIS error.
Footnotes
[^ 1] Where the table indicates a fee is required, applicants may be eligible for a waiver. See Additional Information on Filing a Fee Waiver.
[^ 2] For general information, see Volume 11, Travel and Identity Documents, Part A, Secure Identity Documents Policies and Procedures, Chapter 3, Reissuance of Secure Identity Documents [11 USCIS-PM A.3].
[^ 3] Certain states recognize common law name changes. See Volume 1, Policies and Procedures, Part E, Adjudications, Chapter 5, Verification of Identifying Information, Section A, Full Legal Name [1 USCIS-PM E.5(A)].
[^ 4] Certain states recognize common law name changes. See Volume 1, Policies and Procedures, Part E, Adjudications, Chapter 5, Verification of Identifying Information, Section A, Full Legal Name [1 USCIS-PM E.5(A)].
[^ 5] See Fee Schedule (Form G-1055).
[^ 6] If an applicant’s sex is incorrectly listed on the certificate or declaration, USCIS updates the certificate or declaration to be consistent with the sex at birth as generally evidenced by the birth certificate issued at the time of birth or issued closest to the time of birth.
[^ 7] See 8 CFR 338.5(a).
[^ 8] See INA 343(c). See Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 5, Verification of Identifying Information, Section A, Full Legal Name [1 USCIS-PM E.5(A)].
[^ 9] 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.
[^ 10] 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)].
[^ 11] 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).
Resources
INA 310(b)(4) - Naturalization authority and issuance of certificates
Appendices
Before October 29, 2019, USCIS considered children of members of the U.S. armed forces or U.S. government employees, who were stationed outside of the United States, to meet the requirement of “is residing in” the United States for the purpose of acquiring citizenship under INA 320.[1] This interpretation was consistent with the definition of “residence” for purposes of naturalization under INA 316.[2] Based on this treatment of U.S. government employees and their children in the context of naturalization under INA 316, USCIS determined that “residing in the United States” for purposes of acquisition of citizenship under INA 320 should likewise be interpreted to include children of U.S. military and government employees stationed outside of the United States who were residing with their parents.[3]
This interpretation, however, was inconsistent with other provisions of the Immigration and Nationality Act (INA), including the definition of “residence” at INA 101(a)(33) and language in INA 322(a) and INA 322(d), which suggested that the citizenship of military children residing outside of the United States should be considered under that provision rather than under INA 320. Effective October 29, 2019, USCIS amended its policy guidance to address these concerns, and determined that children of members of the U.S. armed forces or U.S. government employees stationed outside of the United States would not be eligible for citizenship acquisition under INA 320.[4]
On March 26, 2020, the Citizenship for Children of Military Members and Civil Servants Act was enacted,[5] amending INA 320, so that a child residing with his or her U.S. citizen parent, who is stationed outside of the United States as a member of the U.S. armed forces or a U.S. government employee, or is residing in marital union with a member of the U.S. armed forces or a U.S. government employee who is stationed outside of the United States, acquires citizenship under INA 320 if all requirements of INA 320(c) and INA 320(a)(1)-(2) are met. In line with the statute, USCIS rescinds its previous guidance, clarifying that these children are eligible to acquire citizenship under INA 320 if all other requirements under INA 320 are met.
The amendment to INA 320 applies to children who were under the age of 18 on March 26, 2020.
Footnotes
[^ 1] Even though the child of a member of the U.S. armed forces or U.S. government employee stationed outside of the United States may be eligible to apply for a Certificate of Citizenship under INA 322 since he or she resides outside of the United States, USCIS interpreted the child to meet residency requirements under INA 320 as well, which formerly required the child to be residing in the United States with his or her parent to acquire citizenship.
[^ 2] For example, U.S. government employees, including members of the U.S. armed forces, are eligible to apply for an exception to the continuous residence requirement for naturalization under INA 316 as long as their residency outside of the United States was on behalf of the U.S. government. See INA 316(b). See INA 316(a). See Part D, General Naturalization Requirements, Chapter 3, Continuous Residence [12 USCIS-PM D.3].
[^ 3] See Policy Manual Technical Update, Child Citizenship Act and Children of U.S. Government Employees Residing Abroad (July 20, 2015); and Acquisition of Citizenship by Children of U.S. Military and Government Employees Stationed Abroad under Section 320 of the Immigration and Nationality Act (INA), No. 103, issued May 6, 2004.
[^ 4] See USCIS Policy Alert, Defining “Residence” in Statutory Provisions Related to Citizenship [PA-2019-05]. This Policy Alert has been superseded by Policy Manual updates to reflect changes made under Pub. L. 116-133 (PDF).
[^ 5] See Pub. L. 116-133 (PDF) (March 26, 2020).
Updates
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to clarify that USCIS recognizes the two biological sexes, male or female, for purposes of reviewing benefit requests and USCIS-issued documents.
1 USCIS-PM E.5 - Chapter 5 - Verification of Identifying Information
11 USCIS-PM A.2 - Chapter 2 - USCIS-Issued Secure Identity Documents
12 USCIS-PM G.2 - Chapter 2 - Marriage and Marital Union for Naturalization
12 USCIS-PM H.2 - Chapter 2 - Definition of Child and Residence for Citizenship and Naturalization
12 USCIS-PM K.2 - Chapter 2 - Certificate of Citizenship
12 USCIS-PM K.3 - Chapter 3 - Certificate of Naturalization
12 USCIS-PM K.4 - Chapter 4 - Application for Replacement of Naturalization/Citizenship Document
This technical update replaces all instances of the term “noncitizen” with “alien” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”], and makes other technical and conforming changes.
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole
4 USCIS-PM - Volume 4 - Refugees and Asylees
5 USCIS-PM - Volume 5 - Adoptions
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
10 USCIS-PM - Volume 10 - Employment Authorization
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to address how officers determine a benefit requestor’s legal name.
1 USCIS-PM E.5 - Chapter 5 - Verification of Identifying Information
11 USCIS-PM A.2 - Chapter 2 - USCIS-Issued Secure Identity Documents
12 USCIS-PM K.3 - Chapter 3 - Certificate of Naturalization
12 USCIS-PM K.4 - Chapter 4 - Application for Replacement of Naturalization/Citizenship Document
U.S. Citizenship and Immigration Services (USCIS) is revising policy guidance in the USCIS Policy Manual to clarify that benefit requestors may select their gender on USCIS forms (or change a prior gender selection) without the need to provide supporting documentation. Documents issued by USCIS as a result of the benefit adjudication will reflect the gender selected by the benefit requestor.
1 USCIS-PM E.5 - Chapter 5 - Verification of Identifying Information
11 USCIS-PM A.2 - Chapter 2 - USCIS-Issued Secure Identity Documents
12 USCIS-PM K.2 - Chapter 2 - Certificate of Citizenship
12 USCIS-PM K.3 - Chapter 3 - Certificate of Naturalization
12 USCIS-PM K.4 - Chapter 4 - Application for Replacement of Naturalization/Citizenship Document
This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
10 USCIS-PM - Volume 10 - Employment Authorization
U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk between the AFM and the Policy Manual.
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole
4 USCIS-PM - Volume 4 - Refugees and Asylees
5 USCIS-PM - Volume 5 - Adoptions
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
10 USCIS-PM - Volume 10 - Employment Authorization
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance relating to changes of dates of birth and names per court orders.
USCIS is issuing updated and comprehensive citizenship and naturalization policy guidance in the new USCIS Policy Manual.
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