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Is an LPR required to file Form I-90 after changing their legal name in court?

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  • Is an LPR required to file Form I-90 after changing their legal name in court?

    I know that USCIS says an LPR needs to have their green card replaced after getting their name changed legally, but what specific immigration laws or policy guidelines are they basing this on?

    edit: found the answer on my own. 8 CFR section 264.5(b)(4)
    Last edited by 001kja; 04-05-2018, 01:26 PM. Reason: found answer

  • #2
    Hello:

    I?m not sure what conclusion you came to after reading that link you provided (document dating from 1999?), but a phone call directly to the immigration hotline and a visit to their website lead me to discover that updating a green card is not necessary after a legal name change. It may be recommended, but it is not required.



    Note the language of ?must? versus ?may?,

    ?You also may replace your Green Card if:
    Your name or other biographic information has been legally changed.

    You have taken up commuter status. This means you commute regularly to work in the United States but reside in Canada or Mexico.?

    Please let me know if you have heard otherwise!

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    • #3
      Originally posted by Jenkseric View Post
      Hello:

      I?m not sure what conclusion you came to after reading that link you provided (document dating from 1999?), but a phone call directly to the immigration hotline and a visit to their website lead me to discover that updating a green card is not necessary after a legal name change. It may be recommended, but it is not required.



      Note the language of ?must? versus ?may?,

      ?You also may replace your Green Card if:
      Your name or other biographic information has been legally changed.

      You have taken up commuter status. This means you commute regularly to work in the United States but reside in Canada or Mexico.?

      Please let me know if you have heard otherwise!
      "8 CFR section 264.5(b)(4)" is a federal law.

      Like I wrote in the EDIT portion of my post, the federal law does state that LPRs shall (= must) apply for a replacement after legal name change.

      (b) A permanent resident shall apply for a replacement Permanent Resident Card:

      (4) When the bearer's name or other biographic information has been legally changed since issuance of the existing card



      I suppose the website says it is recommended because the law does not specifically mention a deadline as to within how many days after name change you must apply for a replacement green card. Also because there is no penalty mentioned in the law for not applying for a replacement in such cases.
      Last edited by 001kja; 04-14-2018, 09:50 PM.

      Comment


      • #4
        Hi! I have a same issue. I recently just divorce and have a name change in court cause i want to use my maiden name again. The problem is when I renew my passport(since I'm planning of travelling outside the US soon) they wouldn't be able to change my name on it since my homeland(Philippines) won't recognize divorce. And I don't want to have different names on my legal documents. Can I just wait until I file for naturalizarion(which is 2 more years from now) until I change my name on my legal documents? Cause I also don't want to pay a lot for just replacing my name in my green card.

        Hope someone can help me! Thanks!

        Comment

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