RECENT ARTICLES
LEGAL SERVICES
By: Jennifer Fabian-Verzosa, Esq.
APPLICANTS MAY NOW SELF-SELECT A GENDER MARKER ON AN IMMIGRATION APPLICATION, EVEN IF IT DOES NOT MATCH THE PASSPORT OR BIRTH CERTIFICATE.
As of March 31, 2023, USCIS removed the requirement that an individual submitting an immigration application provide proof of their gender identity (Read the policy alert here). Prior to this change, if identification documents such as a passport and/or birth certificate did not match the applicant’s current gender identity, the applicant would need to provide proof of the differing gender identity, such as a gender certification letter issued by a licensed healthcare professional. If the applicant did not supply this proof, the current gender identity would not be reflected in any newly issued immigration documents, such as a lawful permanent resident card (“green card”). This old requirement was a barrier to many applicants applying for immigration benefits, especially transgender applicants. Removing the requirement that an applicant provide documentary proof of their gender identity was intended to increase inclusivity and reduce burdens to recognizing the gender identities of applicants.
USCIS requires accurate gender identification to ensure that legal and immigration documents are consistent and reflect the individual's identity correctly. However, the prior requirement of a gender certification letter issued by a licensed medical professional proved in practice to be more of an inefficient and discriminatory burden to applicants rather than a practical solution to verify gender identity. The gender certification letter (or gender designation letter) had to be issued by a licensed healthcare professional, such as a physician, counselor, psychologist, nurse practitioner, social worker, physician assistant, or therapist. Although proof of gender change surgery or medical treatment was not required, I observed even in my own practice that it took additional time for my clients to obtain this certification. This caused some delay to filing the immigration application. It was very important to my transgender clients that their immigration documents correctly match their gender identity moving forward.
Since USCIS has done away with that requirement, Applicants can now select their gender marker when submitting an immigration application, without the need for any additional supporting documentation. The gender marker self-selected on an immigration form no longer needs to match the gender marker on supporting documents, such as a passport or birth certificate.
More recently, USCIS has taken this one step further, by adding a third gender marker on the N-400 Application for Naturalization form (Read the policy alert here). The 04/01/2024 edition of the Form N-400 now also includes an option to select the checkbox for “Another Gender Identity”, in addition to the usual “Male” and “Female” options.
In conclusion, all of these welcome changes can help to break down unnecessary barriers in the immigration application process, to pave the road for a more inclusive experience for applicants.
Our IMMIGRATION LAW OFFICE is here to help you navigate and understand these updates to the immigration process, through a personalized and dedicated legal representation experience. Wherever you are in the world, we can help. Our law office is capable of 100% remote immigration legal services, including easy Zoom and phone meetings. Email or Call us today: (619) 431-2407 | 1-888-623-5444 (Toll-Free Nationwide)
________________
