ARTICLE
15 May 2023

USCIS Is Accepting Self-Identified Gender Markers For Immigration Benefits

K
Klasko

Contributor

Klasko Immigration Law Partners is dedicated to providing industry-leading employment-based, investment-based, and litigation immigration services to our clients. We help our clients achieve their goals by providing comprehensive immigration legal services. We have a reputation for creative solutions to difficult immigration problems through cutting-edge strategies. Our clients value our extreme responsiveness and our innovative, practical, and effective immigration strategies.
U.S. Citizenship and Immigration Services (USCIS) recently announced that it is accepting a self-identified gender marker for individuals requesting immigration benefits.
United States Immigration

U.S. Citizenship and Immigration Services (USCIS) recently announced that it is accepting a self-identified gender marker for individuals requesting immigration benefits. The gender marker they select does not need to match the gender marker indicated on their supporting documentation.

The update also clarifies that people requesting benefits do not need to submit proof of their gender identity when submitting a request to change their gender marker, except for those submitting an application for a replacement naturalization/citizenship document.

Currently, the only gender markers available are "Male" (M) or "Female" (F). The Department of Homeland Security (DHS) is working on options to include an additional gender marker ("X") for another or unspecified gender identity. USCIS said it will update its forms and its Policy Manual accordingly.

In April 2021, DHS published a request for public feedback on barriers to USCIS benefits and services. Responses indicated that the evidentiary requirements associated with gender marker changes created barriers for individuals requesting immigration benefits, USCIS said.

Those seeking to change their gender marker after their initial filings should refer to the Updating or Correcting Your Documents webpage.

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