As of March 31, 2023, USCIS has updated its guidance on selecting gender markers on its forms and documents. Previously, individuals were required to indicate their gender based on their legal documents, but effective immediately, USCIS will allow individuals requesting immigration benefits to self-identify their gender marker. The selected gender will not be required to match the gender marker from their supporting documentation, and no additional documentation will be required. However, this does not apply to Form N-565, Application for Replacement Naturalization/Citizenship Document.
USCIS has indicated that currently, the only gender markers available are “Male” and “Female,” but The U.S. Department of Homeland Security (DHS) is actively working on adding an “X” marker “for another or unspecified gender identity.” Once that has been updated, USCIS will update its forms.
This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).