USCIS Introduces Third Gender Option on Form N-400

USCIS has updated Form N-400, Application for Naturalization, to include a third gender option, denoted as “X” and defined as “Another Gender Identity.” Concurrently, USCIS is revising the USCIS Policy Manual to accommodate this form update and forthcoming revisions that will incorporate a third gender option. Refer to the Policy Alert (PDF, 344.77 KB) for detailed information.

The edition of Form N-400 dated 04/01/24 will be the first USCIS form to incorporate the gender option "X." Individuals filing this edition of Form N-400 on or after April 1, 2024, will have the option to select "X" as their gender.

Applicants with pending Form N-400 applications submitted prior to April 1, 2024, may request to update their gender after April 1, 2024. For other forms, individuals must wait until USCIS revises those forms to include the "X" gender option.

Refer to the chart below to determine eligibility for selecting the "X" gender option:

If you wish to select "X" as your gender and… Then… You filed Form N-400 before April 1, 2024, and your application is pending If you received a Request for Evidence (RFE) or interview notice: Submit a letter explaining your request to change your gender to "X" in response to the RFE or at the interview.

If you have an online account: Upload a letter explaining your request to change your gender to "X" as new evidence to the pending application.

If you don't have an online account: Email [email protected] to request a change to your gender to "X."

If you have a pending or approved VAWA, T, or U-related case: Refer to the Contact Us webpage (Inquiries for VAWA, T, and U Filings section).

You have already received your naturalization certificate Wait until USCIS updates Form N-565, Application for Replacement Naturalization/Citizenship Document, to include the "X" gender option. Continue to submit Form N-565 as per the form instructions until the updated version is available. Once USCIS revises Form N-565, you can select the third gender option when applying for a replacement certificate.

Currently, Form N-400 is the only USCIS form offering the "X" gender option. Consequently, until additional form revisions are completed to incorporate the "X" gender option, naturalization certificates remain the only USCIS-issued secure identity documents reflecting the gender "X." The "X" gender option is not yet available on Form N-565.

If you have other pending benefit requests with USCIS and wish to choose "X" as your gender, or if you want to update your existing USCIS-issued secure identity documents to reflect "X" as your gender, you must wait until the relevant forms are updated. Once USCIS updates additional forms to include the "X" gender option, applicants can follow the instructions on the Updating or Correcting Your Documents webpage to select the "X" gender option.

No Supporting Documentation Required

You do not need to provide supporting documentation to select "X" as your gender initially or to change your gender selection on Form N-400. The gender you choose does not need to match the gender listed on your other immigration documents or supporting identity documents like your birth certificate, passport, or state identification.

Social Security Card

Note that if you select the "X" gender option on the new Form N-400, you may need to visit a Social Security office for a Social Security card or to update your citizenship status. The Social Security Administration is in the process of developing systems to accept the "X" gender option.

Background

Historically, USCIS forms and associated documents have only provided two gender options: "Male (M)" and "Female (F)." This limited selection has posed significant challenges for individuals who do not identify with either option. Moreover, it has created administrative hurdles for USCIS when receiving official documents with genders other than "M" or "F." Introducing a third gender option ensures accuracy in secure identity documents and biographical data, benefiting both external stakeholders and individuals seeking immigration benefits. This step aligns with federal and state agencies, such as the U.S. Department of State, which has expanded passport services to include the gender "X" in their applications.

In March 2023, USCIS updated the Policy Manual to allow for self-selection of gender on USCIS forms (PDF, 333.48 KB). This policy enables applicants to choose their gender on all USCIS forms without providing supporting documentation, except for Form N-565, which requires a formal revision to implement this policy. Applicants can also change their previously selected gender without specific supporting documentation or the need to match prior documentation. This revision aligns with efforts to remove barriers in the immigration system and reduce obstacles in accessing immigration benefits, while still upholding identity verification and fraud prevention procedures.


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