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What will happen to my pending EB-5 case if I change my name?

I applied for EB-5 before I got married. My pending I-526 has my maiden name on it. Now I am thinking about changing my name and updating the information on my passport. But I am worried that this might cause problems to my pending I-526 application. Do I need to notify USCIS about the change of name? How?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    Legally changing your name should not be an issue. If you do so now, you may send the court the certified decision about changing your name to the USCIS.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    There should not be issues with the case if you have official name change documents, such as a certified copy of marriage certificate or court order changing your name and new passport bio pages. Your attorney should help you interfile documents in your pending case. However, it is not guaranteed they will be actually interfiled in the case by USCIS mailroom. If USCIS issues a RFE, your attorney will be able to include documents in RFE response. Otherwise, if there is no RFE and your case is approved in your maiden name, just supply documents with your civil documents during an immigrant visa consular process.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    You can update that info at the time of immigrant visa processing. No need to do anything at this point.

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    Phuong Le

    Immigration Attorney
    Answered on

    Contact your attorney. It shouldn't be too difficult. This can be done at multiple stages.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Your change of name likely will not have any effect on your EB-5 case. You do not have to notify USCIS of your name change. If you have an interview or RFE, you can notify them at that time. Make sure to keep all documentation regarding your name change.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    This is one of the most common issues. The good news is that it should not cause any delays whatsoever. Your immigration attorney can take care of the name change at the next stage after you receive your I-526 approval.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    At the next stage you can advise of the name change.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You can send an update to USCIS via an interfiling. An attorney can assist.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If you don't have to get your name changed now and get a new passport, then I would urge you to hold. If you choose to do so, then your lawyer could do a interfiling on the I-526 or wait until DS-260 or AOS application and submit the new marriage certificate and other name change documents along with the new and old passport to show that you are the same person. Please be prepared to deal with USCIS or other government agencies asking for more documents to prove the changes made.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Getting married and changing your name is not a big issue. Merely send in a copy of your marriage certificate and if you plan to include your spouse as an applicant, include a copy of the unabridged birth certificate. Technically, you can also do it at the next stage, that is, after approval at the NVC stage.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    A name change will not cause problemas as long as you keep your paperwork. Nothing to do now. Just provide name change documents at the NVC or AOS stage.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The change of status should not negatively affect your pending I-526 application. However, for records purposes, feel free to notify USCIS and request for updating your records. Your attorney should be contacted to request for a record update as soon as possible.

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