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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 Adjudicator’s Field Manual (AFM) Chapter 10.22, Document Issuance Involving Status and Identity for Transgender Individuals. 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).
No appendices available at this time.
