USCIS Adds 'Another Gender Identity' Option to Naturalization Form N-400

USCIS today released the new N-400 Application for Naturalization form. In the applicant gender section, in addition to the existing 'Male/Female' options, an 'Another Gender Identity' option has been added for the first time. Previously, since April 2022, U.S. citizens have been able to select 'Another Gender Identity' when applying for a passport.

The gender section of the new N-400 form includes an 'Another Gender Identity' option.

The USCIS notice is available here; the translation follows. The new N-400 form can be downloaded here.

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U.S. Citizenship and Immigration Services (USCIS) is revising guidance in its Policy Manual to clarify that certain immigration forms and documents will offer an 'X' gender marker option.

Background

In the past, USCIS forms and related documents offered only two gender options: 'Male (M)' or 'Female (F).' The lack of additional gender options created significant obstacles for applicants who do not identify with these two genders. Offering only two gender options also posed administrative challenges for USCIS, because some applicants submit official documents such as birth certificates bearing a gender other than 'M' or 'F.' Therefore, USCIS will implement the 'X' gender option, consistent with other federal and state agencies, representing 'Another Gender Identity.' After considering input from applicants, the public, and the Centers for Disease Control and Prevention (CDC) National Center for Health Statistics, USCIS decided to define 'X' as 'Another Gender Identity' on relevant forms and identity documents.

The guidance in Volume 1 of the Policy Manual only addresses the policy statement that a third gender option is available. Whether a specific form offers this option depends on the form category. Applicants must submit forms according to the form instructions. USCIS expects the "X" gender option to be introduced gradually as forms are updated, starting with Form N-400, Application for Naturalization.

Policy Highlights

• Depending on the form, applicants may select among three gender options on certain forms: 'Male (M),' 'Female (F),' or 'Another Gender Identity (X).'

• After the relevant application is approved, the applicant's gender selection will be printed on the identity document issued by USCIS.

Summary of Changes

This change affects Volume 1 > Part E > Chapter 5 > Section B 'Personal Information,' Subsection 2 'Gender.'

• USCIS will revise the relevant explanatory content, adding additional information and paragraphs. USCIS may also make other minor editorial changes.

Other Considerations

This update reflects that certain USCIS forms and documents will include an "another gender identity (X)" option, and does not itself represent any change in benefits. This change is consistent with the growing number of states adopting a third gender marker on driver's licenses and identification cards, and is similar to policies of other federal agencies and countries that have taken this important step.

The policy update also supports other priorities in existing Executive Orders (EOs) aimed at reducing burdensome evidence-gathering obstacles for applicants. For example, EO 13985 states that "each agency must identify and correct inequities in policies and procedures that serve as barriers to equal opportunity." EO 13988 states that it is the policy of the (current) Administration to prevent and combat discrimination on the basis of gender identity or sexual orientation. EO 14012 states that the Department of Homeland Security should "identify barriers that impede access to immigration benefits and fair, efficient adjudications of these benefits and make recommendations on how to remove these barriers, as appropriate and consistent with applicable law."