USCIS Updates Gender Identification Policy for Immigration Forms
U.S. Citizenship and Immigration Services (USCIS) has updated its policy regarding gender markers on immigration forms. The agency will no longer offer a third gender option, reversing a policy introduced under the previous administration.
According to the update, USCIS now recognizes only two sex designations—male and female—and is revising the USCIS Policy Manual to reflect this change. The update follows a directive to align federal policy with the understanding that sex is determined at birth and is not subject to change.
How USCIS Will Determine Gender Marker
USCIS will now determine an applicant’s sex based on the designation listed on their birth certificate issued at or near the time of birth. If the birth certificate lists something other than male or female, the agency may request secondary evidence, such as medical records or other government-issued documents, to make a determination.
Previously, USCIS allowed individuals to select an “X” gender marker, which was designed to support nonbinary and transgender applicants. That option is no longer available.
What This Means for Applicants
Applicants who do not identify exclusively as male or female may encounter new challenges when completing USCIS forms. While USCIS states that an application will not be denied solely based on an unclear or mismatched gender marker, applicants may experience processing delays or receive documents that reflect a different sex marker than originally selected.
Key Considerations:
Match your birth certificate: Choose the gender that corresponds with the sex listed on your original birth certificate to help avoid delays.
Be ready to provide additional documentation: If your birth certificate shows a nonbinary designation or differs from your current gender identity, USCIS may request supporting evidence.
Previously submitted forms with an “X” marker: If you submitted a form before this change, you may receive an updated notice or document that reflects a male or female marker instead.
This policy is effective immediately and applies to all applications pending or filed on or after April 2, 2025.
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