New York Court Requires Proof Of Immigration Status: Matter Of Boquin

April 27, 2009

Earlier this month, the Westchester County Supreme Court entered a decision denying a name change petition where the Petitioner failed to submit any proof of his permanent residence status in the United States. The decision notes that citizenship is not a prerequisite to obtaining a change of name under New York’s Civil Rights Law. However, the decision notes that “a court may deny an application by an alien absent proof of their immigration status and stated intention to remain in the United States.” Matter of Boquin, Supr. Crt., Westchester Cty., April 1, 2009.

The decision further states that denial of Petitioner’s application is without prejudice. Petitioner could reapply to change his name, with proof of his immigration status and statement by Petitioner that he would report authorities in both the United States and his native country, Honduras, of his new name.