Apply for DACA with married name

Stella writes, "I got married to another illegal immigrant in the United States and I want to use my husband's last name except none of my ID have it.  Should I just keep using my maiden name or can I file with my husband's surname?"

If you have no ID (like a valid passport) that shows your new name and you have not changed your name officially in your native country (for example, having the evidence in form of a court order), you cannot yet use your married name at this time.  Basically if you want to use your married name you first have to do the paperwork in your country (it will depend on your native country's laws on what paperwork needs to be done), get a new passport with the married name, and only then you will be able to use it in immigration benefits applications in the United States.  I suggest that right now you get your DACA application going with the maiden name to keep things simple but start the process in your native country to change your name and get a new passport.  Once you have the new ID you can wait till it is time to renew and can change it at that time.  Name changes with USCIS are very tricky in your situation because you are illegally in the US and have not done the paperwork in your country.  There is no harm in having a maiden name for the time being.  Obviously, if Obama Amnesty is passed and you have your name change paperwork completed, you can use your new name at that time, and after that get a new driver's license and Social Security card.

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