Effective immediately, U.S. Citizenship and Immigration Services (USCIS) updated the Policy Manual specifying that self-identified gender markers are acceptable for individuals requesting immigration benefits. USCIS now accepts the chosen gender marker as selected on USCIS forms, whether it matched supporting documentation or not.

In addition, individuals are not required to submit proof of gender identity when requesting a change to their gender marker, with one exception. Individuals filing Form N-565, Application for Replacement Naturalization/Citizenship Document continue to require the full set of documents as outlined in Sec 9 CFR 103.2(a)(1).

Individuals who wish to update their gender marker after their initial filing should review the webpage Updating or Correcting Your Documents page for further information. The only available options currently available from USCIS are Female (F) or Male (M). The U.S. Department of Homeland Security (DHS) is currently working toward providing an additional option, “X” for unspecified gender identity. Updated to USCIS’ Policy Manual will be made as appropriate.

If you have questions about selecting a gender marker or any other immigration-related questions, contact us at ILBSG. We actively monitor updates to USCIS policy and legislation to ensure our clients get the right advice for their particular situations. We can help.