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Third Gender Option Added to Form N-400, Application for Naturalization

USCIS adds an option for a third gender on application

The 04/01/24 edition of Form N-400 is the first USCIS form to include the “X” gender option.

Today, April 1, 2024, US Citizenship and Immigration Services (USCIS) has made a big announcement that we hope isn’t a bad April Fool’s Day joke of some kind. USCIS’ update to their policies take effect immediately. Applicants filing the 04/01/2024 edition of Form N-400 on or after April 1, 2024, will have the option of choosing “m” (for male), “f” (for female), or “X” as a gender option on the form. USCIS issued a Policy Alert on April 1, 2024, PA-2024-08, which explains this change to the Department of Homeland Security’s policy. This is reflected in an update to the USCIS Policy Manual as well.

A group of diverse young people wearing the colors of the non-binary flag.

What is “X” Gender?

The X gender marking is intended for applicants who neither identify as being male nor female. This would be a blanket option covering any non-binary or gender fluid individuals who do not feel comfortable being referred to as a male or a female. Any gender that isn’t male or female would fall into this category.

From the Policy Alert, “USCIS has determined that it will define “X” as “Another Gender Identity” for purposes of USCIS forms and secure identity documents.

Transgender individuals have already had the option to select the gender they identify with per an earlier change to policy that allows for noncitizens to change their gender on USCIS ID documents quite easily without needing to provide any evidence. However, updating one’s gender on a certificate of naturalization that has already been issued can be a bit more tricky, so any applicant that may wish to change the gender that appears on their USCIS documents should do that before their certificate of naturalization is issued if possible.

Will This Change Be Coming To All USCIS Forms?

At the moment the change has only been made on the Form N-400. However, this change will be coming to other USCIS forms in the future, which they have confirmed in the Policy Alert stating:

“USCIS anticipates that the additional gender option “X” will become available upon each form’s revision to incorporate the change, beginning with the Application for Naturalization (Form N-400).”

USCIS Policy Alert, Availability of Additional Gender Options for Certain Benefit Requests, April 1, 2024; PA-2024-08

When Will This Option Become Available on Other USCIS Forms?

According to the Policy Alert, “USCIS anticipates that the additional gender option “X” will become available upon each form’s revision to incorporate the change, beginning with the Application for Naturalization (Form N-400).” USCIS recommends that to determine what gender options are available for a particular form in the future, see the relevant USCIS form and related instructions.

What if my N-400 is Already Pending?

USCIS addressed this concern in the Policy Alert stating that Applicants who have a pending Form N-400 using the edition in effect before April 1, 2024, may request to update their gender on or after April 1, 2024, as well.

Is there an X Gender Option if I am Requesting Residency or Another Immigration Benefit?

For all other forms, individuals must wait until USCIS revises those forms to include the X gender option. USCIS explains this in the alert. The good news is that they also indicated that the change will be coming for other forms.



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