What’s In A Name CHANGE?

-
Noncitizen name changes can complicate or benefit. 

I recently got the following question from a family law attorney:

QUESTION: 

Can a Minnesota court order the name change of a non-citizen? Client has a H4 visa, and my understanding is that means they are a lawful temporary resident.  So my thinking is they satisfy the residency requirement of Minn. Stat. 259, having lived here in Minnesota for more than 6 months.  I'm wondering if there is any prohibition to such a name change, or compelling reason not to change their name?

ANSWER: 

There is no prohibition on the name change for noncitizens, for the statutory reason cited. 

Perhaps there are a couple additional issues worth noting: First, the recordkeeping must be meticulous because the individual will be asked about the name change in future immigration applications. There should be proof that it was done in the proper manner. I recommend multiple certified copies so that the individual can provide one in such applications. 

Second, it may be worth asking the reason for the name change, because there may be immigration implications for those reason(s).  Perhaps they got married and changed their mind later about the name change, so no problem.  

But maybe there are other reasons that would impact their future immigration status. All immigration attorneys have come across differences in names, use of names, name misspellings, and other name problems that have complicated subsequent immigration matters, at least in some way.  If there are nefarious reasons for the name change, or they are simply doing it out of personal preference, the change in documentation needed in the future can be very inconvenient to deal with at best. 

Is the noncitizens prepared to go without their passport for some time while their embassy issues a new one? Are there problems with a different name on their work authorization card?

That may all be their choice, but at least an immigration attorney can explain the impacts so their choice is better informed.


It’s really a great question I’m so glad the attorney asked!

Comments

Post a Comment

Popular posts from this blog

How Much Is An H1B VISA?

-
Image
"How much for an H1B?" It’s been a while since my last blog post and for that I apologize. First off, happy new year! And what better way to kick off 2020 than a new H1B visa filing season! I’ve discussed a lot of H1B issues in the past, and first usually refer newcomers to my blog post providing the big picture H1B process, and what it means to employers and foreign nationals. Please do read my  H1B Primer . “HOW MUCH FOR AN H1B?” Because I’m a solo practitioner, this is often the first question I get about the entire process.  It always feels strange to me, as if the time and expertise needed for immigration application is less if one uses a solo attorney.  More important, does the employee become less valuable depending on the price of the attorney?  So when I’m posed with a question about fees right off the bat, I try to answer with another question: “On a scale of 1 to 10, how important is the H1B’s approval?”  For foreign nationals who’ve just
Read more

Choosing An Immigration Lawyer

-
Image
This is going to be an ongoing series of postings about choosing an immigration lawyer. Today I chatted with someone who needed a lawyer because his mother died but left property in India and has a dispute with his sister. It was mainly a counseling session on how to focus the issues, sift out emotions, and pick the right lawyer. To recap: One. Absolutely be aware of any impending deadlines and tell a prospective lawyer immediately. I advised this individual to send a letter overnight express to request additional time to respond to a motion so he could find another lawyer. He can even ask his previous lawyer as a courtesy to e-file it. Two. Dial back the emotional fervor. Seek grief counseling. If there is no relevant death in the circumstances, think about one’s emotions in general. This helps a potential lawyer analyze your situation and decipher facts from emotions. Three. When looking for attorneys, focus on the factual issues. Identify your specific role in the matter to a po
Read more

Can I Marry A US citizen While On Post Completion OPT?

-
Image
I WAS RECENTLY ASKED THE FOLLOWING QUESTION: I just got back EAD card yesterday for my Post Completion OPT and within 90 days, if I don't get a job, then I'll be deported. My boyfriend is a US citizen and we are planning to get married. I was wondering if I can still stay in the country if we get married since I'm not sure if I have to leave after 90 days if I can't find a job. How does this work? Can I still stay in the US and also can I work as well?  ANSWER: In the past there was little chance for deportation for such a simple violation. However recent memos from the administration have threatened issuance of a Notice to Appear (NTA) in a Removal proceeding for even OPT and other student visa violations.  Please note, it shouldn’t be difficult to fulfill the 90-day job requirement, because unpaid internships and even self-employment count, as long as all other requirements are also met.  To your question of a marriage green card, you would simplify you
Read more