(a) Application. Whenever a Certificate of Naturalization has been delivered which does not conform to the facts shown on the application for naturalization, or a clerical error was made in preparing the certificate, an application for issuance of a corrected certificate may be filed, without fee, in accordance with the form instructions.
(b) Court-issued certificates. If the certificate was originally issued by a clerk of court under a prior statute and USCIS finds that a correction is justified and can be made without mutilating the certificate, USCIS will authorize the issuing court to make the necessary correction and to place a dated endorsement of the court on the reverse of the certificate explaining the correction. The authorization will be filed with the naturalization record of the court, the corrected certificate will be returned to the naturalized person, and the duplicate will be endorsed to show the date and nature of the correction and endorsement made, and then returned to USCIS. No fee will be charged the naturalized person for the correction.
(c) USCIS-issued certificates. If the certificate was originally issued by USCIS (or its predecessor agency), and USCIS finds that a correction was justified, the correction shall be made to the certificate and a dated endorsement made on the reverse of the certificate.
(d) Administrative actions. When a correction made pursuant to paragraphs (b) or (c) of this section would or does result in mutilation of a certificate, USCIS will issue a replacement Certificate of Naturalization and destroy the surrendered certificate.
(e) Data change. The correction will not be deemed to be justified where the naturalized person later alleges that the name or date of birth which the applicant stated to be his or her correct name or date of birth at the time of naturalization was not in fact his or her name or date of birth at the time of the naturalization.
[76 FR 53803, Aug. 29, 2011]
Notes of Decisions
Cited in
14
cases (
5 in the last 5 years), 1996–2024 · leading case:
Akpan v. Cissna, 288 F. Supp. 3d 155 (D.C. Cir. 2018).
Akpan v. Cissna, 288 F. Supp. 3d 155 (D.C. Cir. 2018).
· cites it 13× “In refusing to amend Akpan's certificate, USCIS relied upon 8 C.F.R. § 338.5 in particular, which states: Whenever a Certificate of Naturalization has been delivered which does not conform to the facts shown on the application for naturalization, or a clerical error was made in…”
Yu-Ling Teng v. Dist. Dir., 820 F.3d 1106 (9th Cir. 2016).
· cites it 2× “7 The second regulation, 8 C.F.R § 338.5, which governs the “[cjorrection of certificates,” provides: (b) Court-issued certificates.”
Hussain v. U.S. Citizenship & Immigr. Servs., 541 F. Supp. 2d 1082 (D. Minnesota 2008).
· cites it 2× “As Hussain concedes in his petition, USCIS’s power to issue an amended certificate is governed by 8 C.F.R. § 338.5 , which essentially gives US-CIS authority only to correct clerical errors.”
Varghai v. Immigr. & Naturalization Serv., Dist. Dir., 932 F. Supp. 1245 (D. Or. 1996).
“Correction of Certificates, 8 C.F.R. § 338.5 (e) (1996). However, the regulations give the court the power to order amendments to the petition for naturalization in Amendment of Petition for Naturalization, 8 C.”
Akpan v. Scialabba (D.D.C. 2018).
· cites it 13× “In refusing to amend Akpan’s certificate, USCIS relied upon 8 C.F.R. § 338.5 in particular, which states: Whenever a Certificate of Naturalization has been delivered which does not conform to the facts shown on the application for naturalization, or a clerical error was made in…”
Napoleon v. Jaddou (E.D.N.Y 2023).
· cites it 11× “USCIS denied each of these applications, citing 8 C.F.R. § 338.5 (e). See Pet. ¶ 16; Pet.”
Shisha v. Mayorkas (E.D. Mich. 2022).
· cites it 4× “See 8 C.F.R. § 338.5 (e) (“The correction will not be deemed to be justified where the naturalized person later alleges that the name or date of birth which the applicant stated to be his or her correct name or date of birth at the time of naturalization was not in fact his or…”
Rahman v. Dir. Ur Mendoza Jaddou (2d Cir. 2022).
· cites it 2× “” 8 C.F.R. § 338.5 (a). The regulation further provides that “[t]he correction will not be deemed to be justified where the naturalized person later alleges that the name or date of birth which the applicant stated to be his or her correct name or date of birth at the time of…”
Dao Nguyet Lam v. United States Citizenship & Immigr. Servs. (C.D. Cal. 2023).
“:8 CFR. § 338.5(e). Additionally, respondent asserts that it “does not allege that fraud exists in this matter, but points to the questionable nature of the birth record [p]etitioner attempts to rely on in support of her request.”
Garcia v. Rinehart (S.D. Fla. 2020).
“at ¶ 9 (quoting 8 C.F.R. § 338.5 (e)).) A few days after the Government filed its answer, Garcia moved for judgment on the pleadings.”
— 8 C.F.R. § 338.5(e) — 1 case
Dao Nguyet Lam v. United States Citizenship & Immigr. Servs. (C.D. Cal. 2023).
“:8 CFR. § 338.5(e). Additionally, respondent asserts that it “does not allege that fraud exists in this matter, but points to the questionable nature of the birth record [p]etitioner attempts to rely on in support of her request.”
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