USCIS Updates Policy Manual to Allow Self-Identified Gender and Plans to Add 'X' Option
On April 5, 2023, USCIS announced updates to its Policy Manual allowing applicants for immigration benefits to self-identify their gender without requiring consistency with supporting documents such as passports or birth certificates. Except for Form N-565, no gender proof is needed to change gender; N-565 still requires a court order, government-issued ID, or doctor's letter. Currently, forms only offer male and female options; DHS is preparing to add an 'X' gender option, and USCIS will update forms and the Policy Manual accordingly.
USCIS announced an update to its Policy Manual allowing applicants for immigration benefits to self-identify their gender, which need not match the gender on other supporting documents. In other words, even if a passport or birth certificate indicates female, an applicant may now self-identify as male, and USCIS will not challenge this.
The update also clarifies that, except for Form N-565 (Application for Replacement Naturalization/Citizenship Document), applicants changing their gender do not need to submit proof of gender. Form N-565 must still follow current requirements: if applying to replace a citizenship document due to a gender issue, supporting documents such as a court order, government-issued identification, or a doctor's letter are required.
At present, immigration benefit applications offer only two gender options: male and female. The Department of Homeland Security is preparing to add a new option, 'X' (another gender), and USCIS will accordingly revise its relevant forms and Policy Manual at that time.
