USCIS Policy Update Could Delay or Complicate Immigration Benefits for Some Applicants
As of April 2, 2025, U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual to formally recognize only two biological sexes: male and female. This change, issued in accordance with the January 2025 executive order “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” is now immediately applicable to all immigration benefit requests, including green cards, visas, work permits, and naturalization.
Who Is Affected by This Change?
This policy directly impacts applicants whose identity documents or personal gender identity do not clearly match one of the two biological sexes as recorded on their birth certificate issued at or near the time of birth.
This includes:
- Transgender applicants
- Nonbinary individuals
- Anyone with amended identity documents that reflect a gender different from their original birth certificate
- Foreign nationals from countries that recognize gender markers beyond male/female (e.g., “X”)
How This Can Affect Your Immigration Case
USCIS has stated it will not deny immigration benefits solely based on a mismatched or blank sex field. However, the agency will not issue any official immigration documents (such as Employment Authorization Cards, Permanent Resident Cards, etc.) with:
- A blank gender marker
- A gender different from the one listed on the original birth certificate, unless verified by secondary evidence
This may result in:
- Delays in processing applications
- Requests for additional documentation (RFEs)
- Possible confusion or rejection if documents appear inconsistent
- Administrative challenges for applicants who have undergone gender transitions or have documentation that reflects a different gender identity
Additionally, the guidance may affect how applicants fill out USCIS forms — many of which require consistent data across all identification documents.
What Applicants Should Do Now
If you or a family member is currently filing or planning to file for any immigration benefit, and your gender identity or documents do not strictly align with the sex recorded on your birth certificate at or near the time of birth, it is critical to:
- Review all supporting documents for consistency
- Prepare to provide secondary evidence if applicable
- Consult an immigration attorney before submitting applications, especially if your gender marker has changed or differs between documents
Need Immigration Help?
At Law Office of Ben Ezra Eran, we are committed to guiding individuals and families through the complexities of the U.S. immigration system — our experienced legal team is here to support you every step of the way.
📅 Schedule a confidential consultation today by visiting our contact page:
👉 https://cislawoffice.com/contact/
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Source used:
USCIS Updates Policy to Recognize Two Biological Sexes — USCIS.gov