Recognizing Male and Female Sexes in USCIS Benefit Requests Review and Document Issuance

Key changes

• U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to clarify that USCIS recognizes the two biological sexes, male or female, for purposes of reviewing benefit requests and USCIS-issued documents.
• Provides that USCIS recognizes that there are two biological sexes, male and female, for purposes of adjudicating benefit requests and issuing documents.
• Provides that USCIS considers a person’s sex to be that which is generally evidenced on the birth certificate issued at the time of birth or issued near the time of birth. Where the birth certificate that was issued at or near the time of birth is missing or indicates a sex other than male or female, USCIS will base the determination of sex on secondary evidence.3
• Provides that USCIS-issued documents reflect a person’s sex consistent with the person’s birth certificate issued at the time of birth or issued near the time of birth, except when relying on secondary evidence may be more appropriate. USCIS does not issue documents with a blank sex field.
• Provides that, where there is a conflict between what the benefit requestor indicates as his or her sex on the benefit request and the birth certificate issued at or near the time of birth, USCIS considers the birth certificate to be controlling, except when relying on secondary evidence may be more appropriate.
• Explains that USCIS may provide notice to benefit requestors if USCIS issues a document reflecting a sex different than that indicated by the benefit requestor on the request.
• Provides that USCIS will not deny benefits solely based on a failure to select male or female or a failure to indicate a sex consistent with the birth certificate, or secondary evidence where appropriate.
• Replaces the term “gender” with “sex,” and removes other related terms, throughout the Policy Manual; also removes the appendix containing standard language for medical professionals to certify gender identity.