Legal Question in Immigration Law in California

Im trying to apply for perm residency through marriage to US citizen. However, there is a slight issue with my last name. My last name is spelled a certain way in my old expired passport with the visa stamp on it. I've been using slightly differently spelled last name in my daily life; all my school records, diplomas, and marriage certificate has the last name I would like to keep using. this happened a long time ago when i was young; my parents enrolled me in elementary school with slightly altered spelling because of phonetic issue.

will this be an issue with USCIS? can i be denied because of this? what steps should be taken?


Asked on 2/16/11, 1:31 pm

1 Answer from Attorneys

Attorney Caro Kinsella Law Offices of Caro Kinsella

Typically Immigration will go by the name on your birth certificate. There shouldnt be a problem with the mispelt name on the passport (just tell the officer the truth) - I had a client with the same problem and it was not an issue.

If you do encounter a problem, feel free to contact me and I will draft a letter to USCIS explaining your issue.

Caro Kinsella

Immigration Attorney

www.legalprofessionals.us

954-304-2243

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Answered on 2/16/11, 1:45 pm


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