The table below serves as a quick reference guide for requests to replace certificates of naturalization or citizenship. [1] The sections and paragraphs that follow the table provide further guidance. [2]
Type of Certificate
Correct USCIS Clerical Error
Date of Birth Correction
(Not USCIS Clerical Error)
Legal Name Change
Lost or Mutilated Certificate
Change in Gender
In general, an applicant submits 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. [5]
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:
Applicants may submit Form N-565 to update their name on a replacement Certificate of Naturalization based on a name change ordered by a state court with jurisdiction, or by operation of law, including a common law name change evidenced by a state-issued identification document, or a name change resulting from marriage or divorce. [7]
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 date of birth (DOB). [8]
Applicants may submit Form N-565 to request issuance of a replacement Certificate of Citizenship to correct the name or DOB if they have obtained a state-issued document with a corrected name or DOB. Along with their application and the appropriate fee, applicants must submit the court order or other state vital record. [9]
Applicants may submit Form N-565 to request issuance of a replacement Certificate of Citizenship or a Certificate of Naturalization to correct the name or DOB if the correction is justified due to USCIS error. [10] No filing fee is required when an application is filed based on a USCIS error.
Applicants who seek to change their gender marker on their Certificate of Naturalization or Certificate of Citizenship may apply for replacement certificates by filing Form N-565. Currently, Form N-565 requires that the change of gender must be legally recognized through a court order, a government-issued document (for example, passports or driver’s licenses), or a medical certification. [11] If applicants seek to change their name on their Certificate of Naturalization or Certificate of Citizenship, they may do so by following the procedures described in Section B, Requests to Change Name or Date of Birth, Subsection 1, Certificates of Naturalization [12 USCIS-PM K.4(B)(1)] and Section B, Requests to Change Name or Date of Birth, Subsection 2, Certificates of Citizenship [12 USCIS-PM K.4(B)(2)] of this chapter.
[^ 1] Where the table indicates a fee is required, applicants may be eligible for a waiver. See Additional Information on Filing a Fee Waiver.
[^ 2] For general information, see Volume 11, Travel and Identity Documents, Part A, Secure Identity Documents Policies and Procedures, Chapter 3, Reissuance of Secure Identity Documents [11 USCIS-PM A.3].
[^ 3] Certain states recognize common law name changes. See Volume 1, Policies and Procedures, Part E, Adjudications, Chapter 5, Verification of Identifying Information, Section A, Full Legal Name [1 USCIS-PM E.5(A)].
[^ 4] Certain states recognize common law name changes. See Volume 1, Policies and Procedures, Part E, Adjudications, Chapter 5, Verification of Identifying Information, Section A, Full Legal Name [1 USCIS-PM E.5(A)].
[^ 7] See INA 343(c). See Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 5, Verification of Identifying Information, Section A, Full Legal Name [1 USCIS-PM E.5(A)].
[^ 8] 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.
[^ 9] 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)].
[^ 10] See 8 CFR 338.5(a), 8 CFR 338.5(c), and 8 CFR 338.5(e). See the Immigration Act of 1990, Pub. L. 101-649 (PDF) (November 29, 1990), which transferred the authority over naturalization from the courts to the executive branch. For naturalization certificates issued by a court prior to 1991, the regulations provide that USCIS may “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).
[^ 11] See instructions for Application for Replacement Naturalization/Citizenship Document (Form N-565).
INA 310(b)(4) - Naturalization authority and issuance of certificates
INA 332, 8 CFR 332 - Naturalization administration, executive functions
INA 338, 8 CFR 338 - Contents and issuance of certificate of naturalization
Other MaterialsAppendix: History of Acquiring Citizenship under INA 320 for Children of U.S. Citizens who are Members of the U.S. Armed Forces, U.S. Government Employees, or their Spouses
Before October 29, 2019, USCIS considered children of members of the U.S. armed forces or U.S. government employees, who were stationed outside of the United States, to meet the requirement of “is residing in” the United States for the purpose of acquiring citizenship under INA 320. [1] This interpretation was consistent with the definition of “residence” for purposes of naturalization under INA 316. [2] Based on this treatment of U.S. government employees and their children in the context of naturalization under INA 316, USCIS determined that “residing in the United States” for purposes of acquisition of citizenship under INA 320 should likewise be interpreted to include children of U.S. military and government employees stationed outside of the United States who were residing with their parents. [3]
This interpretation, however, was inconsistent with other provisions of the Immigration and Nationality Act (INA), including the definition of “residence” at INA 101(a)(33) and language in INA 322(a) and INA 322(d), which suggested that the citizenship of military children residing outside of the United States should be considered under that provision rather than under INA 320. Effective October 29, 2019, USCIS amended its policy guidance to address these concerns, and determined that children of members of the U.S. armed forces or U.S. government employees stationed outside of the United States would not be eligible for citizenship acquisition under INA 320. [4]
On March 26, 2020, the Citizenship for Children of Military Members and Civil Servants Act was enacted, [5] amending INA 320, so that a child residing with his or her U.S. citizen parent, who is stationed outside of the United States as a member of the U.S. armed forces or a U.S. government employee, or is residing in marital union with a member of the U.S. armed forces or a U.S. government employee who is stationed outside of the United States, acquires citizenship under INA 320 if all requirements of INA 320(c) and INA 320(a)(1)-(2) are met. In line with the statute, USCIS rescinds its previous guidance, clarifying that these children are eligible to acquire citizenship under INA 320 if all other requirements under INA 320 are met.
The amendment to INA 320 applies to children who were under the age of 18 on March 26, 2020.
[^ 1] Even though the child of a member of the U.S. armed forces or U.S. government employee stationed outside of the United States may be eligible to apply for a Certificate of Citizenship under INA 322 since he or she resides outside of the United States, USCIS interpreted the child to meet residency requirements under INA 320 as well, which formerly required the child to be residing in the United States with his or her parent to acquire citizenship.
[^ 2] For example, U.S. government employees, including members of the U.S. armed forces, are eligible to apply for an exception to the continuous residence requirement for naturalization under INA 316 as long as their residency outside of the United States was on behalf of the U.S. government. See INA 316(b). See INA 316(a). See Part D, General Naturalization Requirements, Chapter 3, Continuous Residence [12 USCIS-PM D.3].
[^ 3] See Policy Manual Technical Update, Child Citizenship Act and Children of U.S. Government Employees Residing Abroad (July 20, 2015); and Acquisition of Citizenship by Children of U.S. Military and Government Employees Stationed Abroad under Section 320 of the Immigration and Nationality Act (INA), No. 103, issued May 6, 2004.
[^ 4] See USCIS Policy Alert, Defining “Residence” in Statutory Provisions Related to Citizenship [PA-2019-05] (PDF, 308.45 KB) . This Policy Alert has been superseded by Policy Manual updates to reflect changes made under Pub. L. 116-133 (PDF).