Old name on Birth Certificate- Green Card

[Awan2018 0]

Hi,

 

i will be applying for adjustment of status through my employer. I have one issue. My birth certificate has my old name. My parents changed my name but did not update it on my birth certificate. I have valid secondary evidence that can be sent to USCIS. Do i need to changed name on birth certificate or valid secondary should suffice. Please note it can takes 3-4 months to change name in my country. Please advise.

 

Thanks

[Dashinka 24,513]

If you have valid documents showing a legal name change you should be fine.

[OldUser 6,709]

Typically birth certificate doesn't get updated when somebody changes name. 

 

It shows your name at birth.

 

Generating new birth certificates with new names later in life etc is typically frowned upon in many western countries, though may be perfectly legal in other parts of the world.

Edited March 29 by OldUser

[Awan2018 0]

1 hour ago, Dashinka said:

If you have valid documents showing a legal name change you should be fine.

Thanks Dashinka! I am under the impression they will be able to check my old name and may question why i have two different names on separate documents. Should i include a letter explaining my name was changed and now it is different than my birth name?

[Dashinka 24,513]

1 hour ago, Awan2018 said:

Thanks Dashinka! I am under the impression they will be able to check my old name and may question why i have two different names on separate documents. Should i include a letter explaining my name was changed and now it is different than my birth name?

I agree with what @OldUser stated.  Your legal name change documents will supersede the name on your BC.  As long as you have that documentation, USCIS should be satisfied.  Think about it like people that change their name using a valid marriage certificate, these people do not go back and change their BC’s, and they are fine with USCIS.

 

Good Luck!

Edited March 29 by Dashinka

[Awan2018 0]

3 hours ago, OldUser said:

Thank you OldUser and Dashinka

[Awan2018 0]

35 minutes ago, Dashinka said:

I agree with what @OldUser stated.  Your legal name change documents will supersede the name on your BC.  As long as you have that documentation, USCIS should be satisfied.  Think about it like people that change their name using a valid marriage certificate, these people do not go back and change their BC’s, and they are fine with USCIS.

 

Good Luck!

I appreciate your response. I forgot to ask do i still need to send my birth certificate or just send the secondary dcoument?

[OldUser 6,709]

23 minutes ago, Awan2018 said:

I appreciate your response. I forgot to ask do i still need to send my birth certificate or just send the secondary dcoument?

You need to send copies of both. If you send originals, you may never receive them back. Take them to the interview if you have it.

[Dashinka 24,513]

And make sure you list the name n your BC in the section other names used even if you never really used it.

 

Good Luck!

[Awan2018 0]

Okay there is one problem. I actually don’t have original or copy of my birth certificate. I just know that i have old name on my birth certificate record with local authority although i have copy of secondary evidence showing the new name. Can i just send secondary evidence copy and put my old name under the section other names used? 

[OldUser 6,709]

7 minutes ago, Awan2018 said:

Okay there is one problem. I actually don’t have original or copy of my birth certificate. I just know that i have old name on my birth certificate record with local authority although i have copy of secondary evidence showing the new name. Can i just send secondary evidence copy and put my old name under the section other names used? 

Don't search for easy ways. The worst case you'll be asked for birth certificate in RFE or at the interview and will be pressed to show it very quickly. Do whatever you need to do to find / request new birth certificate from your home country. USCIS will need to see you birth certificate with probability of 99.9%. Unless somebody makes a mistake they need to confirm you are who you are. If you cannot get birth certificate, then you need to check if any other documents are allowed from Visa Reciprocity Table - https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html/

Edited March 29 by OldUser

[Dashinka 24,513]

5 minutes ago, Awan2018 said:

Okay there is one problem. I actually don’t have original or copy of my birth certificate. I just know that i have old name on my birth certificate record with local authority although i have copy of secondary evidence showing the new name. Can i just send secondary evidence copy and put my old name under the section other names used? 

You will need to have the BC for the filing, but if you cannot get it you have an alternative.

 

Q: Do I have to submit a birth certificate with I-485 filing? 

A: Yes, birth certificate is required for initial submission. If you do not have a birth certificate, you may instead submit two affidavits from family members including your parents and school or religious records that have your name, your parents’ name and your date of birth. USCIS will need non-availability certificate confirming your birth certificate is not registered but it makes take some time to get that document because of COVID-19. You should at least submit school records and two affidavits from family members who are older that you and have personal knowledge of your birth. We will provide templates for affidavits.

 

https://bizlegalservices.com/i-140-and-i-485-petitions/i-485-related-faqs/#:~:text=If you do not have a birth certificate%2C,your parents’ name and your date of birth.

[Awan2018 0]

Thanks for the invaluable information. So i have a document acceptable by uscis in lieu of birth certificate (checked from Visa Reciprocity table). Do i still try to get birth certificate and affidavits from parents?

 

[OldUser 6,709]

35 minutes ago, Awan2018 said:

Thanks for the invaluable information. So i have a document acceptable by uscis in lieu of birth certificate (checked from Visa Reciprocity table). Do i still try to get birth certificate and affidavits from parents?

 

Ideally you should try getting the certificate if you can. It is a super important document to have in your life besides immigration and USCIS.

 

I think you should be fine if the other document is accepted by USCIS according to the table. But as you know, sometimes USCIS denies cases wrongfully and you have to convince them to follow the law. The path of least resistance is to get what they want.