USCIS announced that it is no longer necessary to provide supporting documentation to change or update a prior gender selection on immigration forms. The intention is to “reduce barriers to travel, employment, services, and benefits by eliminating delays and preventing discrimination and harassment due to inconsistent identity documents.”
USCIS will be changing its forms to include an “X” marker for gender.
The documentation policy change is consistent with state-level self-certification policies for gender marker designations on driver’s licenses and identification cards. Similar policies have been adopted by other federal agencies, such as the Transportation Security Administration.
USCIS has included a table on its website explaining how to update current documents to request a gender change. If the benefit request is pending, individuals will generally have to submit a letter explaining the change requested. If the USCIS-issued document has already been received, the requestor will generally need to submit a new application, a letter explaining the request, and pay the applicable filing fees.
There is one exception: Form N-565, Application for Replacement Naturalization/Citizenship Document, will still require submission of supporting documentation.
Jackson Lewis attorneys are available to advise regarding the new policy and will provide updates as they become available.