ID Please: A Guide to Changing California and Federal IDs to Match Your Gender Identity

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The immigration service issues over a dozen different forms of identification. This section of the guide focuses specifically on those documents related to permanently immigrating to the U.S. Similar policies apply for temporary visas (student, tourist, work), but those forms of identification are not covered here.

 Changing Your Name In general, you need a court order to get a name other than your name at birth included in your immigration service documents. In the past, you could change your name as a part of the naturalization process, but this option has recently become very limited. If possible, it is best for an individual to start the immigration process with your correct name. For instance, if you are applying for asylum, it is much easier if you submit a court order recognizing your name with your asylum application. That way, your initial record can begin with your current name. If you are unable to do so or if you have already started your immigration process, each form of identification that you have can be updated so long as you have a court order. However, updating a document can be both expensive and time consuming.

 Non-Citizens and California Courts Some people believe that you need to be a U.S. citizen or permanent U.S. resident to get a California court order recognizing your change of name. In fact, the Courts are not allowed to deny access to any state resident regardless of your legal status. Despite this, some courts do end up excluding undocumented people by asking for photo identification for people submitting name change paperwork. We do not believe that this practice is lawful and an individual experiences it, you should contact us for more information or assistance. As localities increasingly focus on enforcing immigration law, there may be some risk involved in using the court system in some states. Non-citizens should speak with experienced local immigration attorneys before going to court.

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