QUESTION

How can I get my name changed on my birth certificate issued in Mexico, if I am currently living in the US?

Asked on Mar 27th, 2013 on Immigration - Michigan
More details to this question:
My mom brought me to the US illegally when I was 2. I was born in Mexico. Right now, I'm trying to become a resident with President Obama's new law. The problem is, the name I have on my Mexican birth certificate, is not the same name I have used my whole life. I need evidence that I've lived inside the United States for at least 5 years. The lawyer told me I have to change my name to the way I have been using it all my life, not how it's spelled on my birth certificate. I cannot leave the country or else I don't fall under Obama's law anymore.
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4 ANSWERS

Adebola O. Asekun
You should go to the clerk's office of the court in the county where you live and inquire about the procedure for filing petition for name change.
Answered on Apr 02nd, 2013 at 1:32 PM

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There are a couple of points that have to be addressed here, so, please, bear with me. First, there is no "President Obama's new law ". In the United States, the Congress makes laws; the President cannot make a new law even if his last name is Obama. The so-called Obama's new law is a change in policy: the President told his Secretary of Homeland Security to stop trying to deport certain persons who are present in the U.S. without permission of the U.S. Government - and to give these people permission to work in the U.S. for the next couple of years. Chances are that this program will continue so long as President Obama remains in the Oval Office; the next President might, too, keep this program, but it would have to be seen. Please understand that this program does not make anyone a permanent resident, not right away, not later. All it says is: "OK, you can stay and work here, for now, until we change our mind again." If your lawyer told you that you would get a green card, find another lawyer - one who would know what he is talking about and, preferably, honest. Admittedly, it is not an easy task; but I promise you that it can be done. Second, you have to find another lawyer - because what yours tells you does not make any sense. A birth certificate cannot be changed to a different name, not in the U.S., not in Mexico. Moreover, there is no need to even try. Let's take a look at the situation: you have been in the U.S. for over 5 years and need to prove it; and you have a Mexican birth certificate issued to your real name that is different from the name you used all your life in the U.S. For example, let's say a person was registered at birth in Mexico as Juan Francisco Morales Moya, but called himself in the U.S. Francisco Luna. So, the task then breaks into two: 1) that guy has to prove that Juan Francisco Morales Moya and Francisco Luna are one and the same person; and 2) he has to prove that Francisco Luna lives in the U.S. for over 5 years. The second part should not be too hard - if he have school records, medical records, employment records, and witnesses who know and will testify that he lives here for over 5 years. The first part is not too difficult, either: - first, he would make an affidavit (a written statement sworn before a notary public) that he was born Juan Francisco Morales Moya but have always used the name Francisco Luna (he can state the reason for his use of a different name, if he wants); - second, he will need an affidavit from a close relative (mother, father, grandparent, uncle or aunt, older brother or sister), that should contain his recent photograph and his close relative's statement under oath that a) the witness knows Juan Francisco Morales Moya from the day he was born, b) that it is true that Juan Francisco Morales Moya always used in the U.S. the name Francisco Luna; and c) that Juan Francisco Morales Moya and Francisco Luna are, in fact, one and the same person. If you have more than one close relative, get an affidavit from each one of them - when dealing with USCIS, you can never have too much proof.
Answered on Apr 01st, 2013 at 1:26 AM

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Immigration Attorney serving Madison, WI at Wren & Gateways Law Group, LLC
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First of all, you will not become a resident under President Obama's Deferred Action for Childhood Arrivals. This is not a path to becoming legal, just a stop gap measure that means you will be able to work and drive legally, and won't face deportation unless you commit criminal acts. I would try proving identity through an affidavit from your parents stating that you are their child, that your birth name is XXXX, and that the name you have used all your life is XXXX, and maybe the reasons for the conflict.
Answered on Mar 29th, 2013 at 3:36 PM

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You may be able to file a petition in court to change your name.
Answered on Mar 29th, 2013 at 3:35 PM

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