Chapter 4 - Replacement of Certificate of Citizenship or Naturalization
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 Requests to Replace Certificate of Citizenship or Naturalization
In general, an applicant submits to USCIS 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]
An applicant may submit a request to update his or her name on a Certificate of Naturalization based on a name change ordered by a state court with jurisdiction or due to marriage or divorce.[3] In addition, an applicant who has legally changed his or her gender may apply for a replacement certificate reflecting the new gender.[4]
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 DOB.[5]
B. Replacement of Certificate of Citizenship
An applicant may submit an Application for Replacement Naturalization/Citizenship Document (Form N-565) to request issuance of a replacement Certificate of Citizenship to correct the DOB or name if the applicant has obtained a state-issued document with a corrected DOB or name. Along with his or her application and the appropriate fee, the applicant must submit the court order or other state vital record.[6]
An applicant may submit an Application for Replacement Naturalization/Citizenship Document (Form N-565) to request issuance of a replacement Certificate of Naturalization to correct the date of birth (DOB) if the correction is justified due to USCIS error.[7] No filing fee is required when an application is filed based on a USCIS error.
Footnotes
[^ 1] See 8 CFR 103.7.
[^ 2] See 8 CFR 338.5(a).
[^ 3] See INA 343(c).
[^ 4] A request to change the gender on a certificate may also affect the marital status already listed on the certificate. See Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 5, Verification of Identifying Information [1 USCIS-PM E.5]. If the gender change results in the individual now being in a valid same-sex marriage, then the certificate must reflect his or her marital status as “married.”
[^ 5] 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.
[^ 6] 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)].
[^ 7] See 8 CFR 338.5(a), 8 CFR 338.5(c), and 8 CFR 338.5(e). For pre-1991 judicial naturalization cases, the regulations provide that USCIS can “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).