Immigration Documents

On January 20, 2025, President Trump issued an Executive Order telling federal agencies that they must require identity documents to list a person’s sex as defined at conception.

On April 2, 2025, USCIS announced changes to align its policy manual with the January 20, 2025 executive order. USCIS now only issues documents with a sex marker of M or F based on the holder’s original birth certificate. USCIS also removed the X gender marker option across all USCIS documents and replaces the term gender with sex. When a birth certificate issued at or near birth is unavailable or does not have an M or F, USCIS says it will rely on secondary evidence to issue an M or F gender marker. These changes revoked USCIS policy allowing transgender people to correct the sex markers on their immigration documents.

USCIS guidance leaves uncertainty about how it will handle immigration documents for many people, including intersex people whose sex assigned at birth was inaccurate. It also leaves uncertainty for anyone whose birth certificate is unavailable or did not have an M or F. You may wish to seek legal assistance before applying for or renewing your document.

A4TE always recommends you consult with an immigration attorney to receive advice specific to your immigration situation. You may be able to find an immigration attorney through the directories listed below. Beware of immigration scams. This guidance may help you find qualified help. If you have trouble with applying for a visa or other immigration benefits because of your gender marker, you can also fill out this form to tell A4TE and our partners about it.

Additional resources:  

• Immigration Equality FAQ: New Considerations for US Passports, Immigrations Forms, and Documents for Trans, Non-Binary, and Intersex People. 
• Immigration Advocates Network 
• New Americans Campaign Directory 
• Immigration Legal Resource Center: How to Avoid Immigration Fraud