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USCIS Introduces Third Gender Option ‘X’ on Form N-400 for Naturalization

As of April 1, 2024, Form N-400, Application for Naturalization, has added a third gender option, ‘X,’ defined as ‘another gender identity.’ This is the only form for the USCIS that provides an alternative gender option besides ‘male’ or ‘female.’ Additionally, N-400 certificates are the only issued secure documents that can reflect Gender X. This third gender option is not yet available for Form N-565, Application for Replacement Naturalization/Citizenship Document.

What is needed to indicate Gender X?

There are no supplementary documents needed to choose ‘X’ as a gender on the Naturalization form. The gender selected on this form does not need to match the gender indicated on any other documents, such as a birth certificate, passport, or state license. However, it may be necessary to update citizenship status at a social security office, as the Social Security Administration is still developing systems to accept the Gender X option.

What if I identify as Gender X but have already submitted Form N-400?

If you have already filed Form N-400 before April 1, 2024, and the document is still pending, you can request a change in the documentation and state that you would like your gender identity to reflect X. However, if you have already received your naturalization certificate, you will have to wait for Form N-565 to be revised and to include the Gender X option.

Benefits

Since USCIS forms typically only indicate ‘male’ or ‘female’ as gender identities, this creates barriers for requestors who do not identify with either gender. When a document such as a birth certificate indicates a different gender, it creates administrative challenges for USCIS. The third gender option helps ensure that secure identity documents are accurate. This is consistent with the U.S. Department of State, as they have expanded services to offer Gender X in passports.

Conclusion

The efforts of revision are consistent with attempts to break down barriers in the immigration system and reduce burdens in accessing immigration benefits, while also maintaining gender identification and fraud prevention procedures. For those who have more questions about this matter, it is advisable to consult with an experienced immigration attorney (like those at Berardi Immigration Law) who can provide guidance tailored to your specific circumstances and help navigate this complex area of immigration law effectively.