Immigration QA

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 i...

Recently I received the following question:  "Should I take my husband's name when my work permit is up for renewal?  I am a current VAWA recipient. I got married this past April. I am wanting to take my husbands last name. Should I do that when my work permit is up for renewal? Also, I want to adjust my status. My husband is a US Citizen, how do we go about that?" Answer:   To change your name, you were required to take your husband's name at the time of marriage on the marriage certificate.  If you did not do so at that time, then you must make a motion to your local district court to have that changed. If you did indeed take your husbands name at that time, then you should use your new name for your permit renewal, and just include a copy of your marriage certificate or other document showing name change. If your work permit from VAWA is expiring soon, then I would recommend immediately filing for your one-step marriage green card. The EAD work permit t...