As of March 31st and effective immediately, USCIS has updated its policies and its Policy Manual to clarify that they will accept the self-identified gender marker for individuals requesting immigration benefits. This removes the obligation of an applicant to submit supporting evidence of a gender change, and means self-designations will be accepted even where the gender marker selected does not match the gender marker indicated on their supporting documentation.
The only exception to this change are those who have received their citizenship, and are applying to replace their naturalization documents via form N-565. Only these individuals will be required to submit evidence as required in the instructions to that form.
At the present moment the only two gender options are masculine or feminine, however DHS is working to include “X” as an additional gender marker.
As of May 10th, USCIS has updated its website to include instructions on how to update or correct your name and gender, or both. Name changes will require judicial orders, marriage or divorce decrees, or some other evidence of vital records changes.
However, you are able to update your gender on your
work permit
green card
travel document
certificate of citizenship, or
I-94, record of arrival or departure
When you
receive a request for additional evidence (RFE) or an interview notice
via your online account if you have one, or
by emailing: USCIS-updategenderinfo@uscis.dhs.gov.
BEFORE sending any request, please carefully review the instructions USCIS provides on its page about the forms, fees and documents you will need to return to USCIS to avoid delays in processing your request, which can be burdensome if you must return the original USCIS document received. You can learn more by following the link in our bio, or call us, we know how.