NEWS & ALERTS
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01 Apr2024
We have revised Form N-400, Application for Naturalization, to provide a third gender option, “X,” defined as “Another Gender Identity.” We are also updating guidance in the USCIS Policy Manual accordingly to account for this form revision and other forthcoming form revisions that will add a third gender option; see the Policy Alert (PDF, 344.77 KB).
The 04/01/24 edition of Form N-400 will be the first USCIS form to include the X gender option. Applicants filing this edition of Form N-400 on or after April 1, 2024, will have X immediately available as a gender option on their form.
Applicants who have a pending Form N-400 using the edition in effect before April 1, 2024, may request to update their gender on or after April 1, 2024, as well. For all other forms, individuals must wait until USCIS revises those forms to include the X gender option.
Consult the chart below to determine if the X gender option is available to you.
If you want your gender to be reflected as X and… Then… You filed your Form N-400 before April 1, 2024, and your N-400 is still pending If you received a Request for Evidence (RFE) or interview notice: Provide a letter explaining that you request to change your gender to X in response to the RFE or at the interview.
If you have an online account:
Upload a letter explaining that you request to change your gender to X. Upload the letter as new evidence to the pending application.If you do not have an online account:
Email USCIS-updategenderinfo@uscis.dhs.gov and request to change your gender to X.If you have a pending or approved VAWA, T, or U-related case:
Refer to the Contact Us webpage (Inquiries for VAWA, T, and U Filings section).You already received your naturalization certificate You must wait until USCIS revises Form N-565 Application for Replacement Naturalization/Citizenship Document to add the X gender option. You must continue to submit the Form N-565 in accordance with form instructions until updated. Once USCIS revises Form N-565, the revised form will allow for a third gender option when applying for a replacement certificate. Form N-400 is the only USCIS form that offers the X gender option at this time. Therefore, until we complete additional form revisions that add the X gender option, naturalization certificates are the only USCIS-issued secure identity documents that can reflect the gender X. The X gender option is not yet available on the Form N-565.
If you have other benefit requests pending with USCIS and would like to choose X as your gender, or if you would like to change your existing USCIS-issued secure identity documents to reflect X as your gender, you must wait until we update the relevant forms before you may do so. Once USCIS updates additional forms to offer the X gender option, benefit requestors may follow the instructions on the Updating or Correcting Your Documents webpage to select the X gender option.
Supporting Documentation Not Needed
You do not need to provide supporting documentation to select X as your gender initially or to change your gender selection for Form N-400. The gender you select does not need to match the gender listed on your other immigration documents or on supporting identity documents, such as your birth certificate, passport, or state identification.
Social Security Card
Note that if you select the X gender option on the new Form N-400, you may need to visit a Social Security office for a Social Security card or to update your citizenship status. The Social Security Administration is still developing systems to accept the X gender option.
Background
Historically, USCIS forms and associated documents have only offered two gender options: “Male (M)” and “Female (F).” This has created significant barriers for requestors who do not identify with either of those options. Limiting benefit requestors to two gender options also creates administrative challenges for USCIS when we receive birth certificates or other official government-issued documents with a gender other than M or F. Adding a third gender option helps ensure that secure identity documents and biographical data are accurate and helps both external stakeholders and individuals requesting immigration benefits. It is also consistent with federal and state agencies that have adopted a third gender option, such as the U.S. Department of State’s expanded passport services to offer gender X in their application.
In March 2023, USCIS updated the Policy Manual to allow for the self-selection of gender on USCIS forms. (PDF, 333.48 KB) This policy update allows benefit requestors to select their gender on all USCIS forms without providing supporting documentation (except for Form N-565, which requires a formal form revision to implement this policy). Benefit requestors may also change a prior selection without the need to provide specific supporting documentation, or to match prior documentation provided. This revision is consistent with efforts to break down barriers in the immigration system and reduce undue burdens in accessing immigration benefits, while still maintaining identity verification and fraud prevention procedures.
If you need more information or have any questions call 407-226-3659 to schedule a free consultation at our Orlando or Tampa office.
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