U.S. Citizenship and Immigration Services (USCIS) has announced a significant change. Only the male and female sexes will now be recognized on immigration documents. With this action, the third gender marker proposed under the Biden administration is no longer an option. This step has been part of Trump's initiatives since he took office.

The update is based on a new executive order. The edict, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, was issued on January 20, 2025. It instructs federal authorities to revert to the idea that sex is inborn and fixed.

Sex Based on Birth Certificate

Under the new USCIS regulation, the information on the applicant's birth certificate, particularly the one issued at or close to the time of birth, will be used to determine their sex. USCIS will examine supplementary evidence if the certificate does not indicate whether the individual is male or female. Government-issued documentation or medical records may fall under this category.

The agency made it clear that simply because someone checked the incorrect sex box, they will not be denied immigration benefits. Delays could result if the field is empty or the sex selected differs from the one on the birth certificate.

USCIS does not issue documents with a blank sex marker. Additionally, documents displaying a sex other than the one shown on the original birth certificate will not be issued.

If the sex the applicant chose on the form does not match the sex on the issued document, USCIS may send a notice.

Reversal of Biden-Era Inclusion Policy

This ruling overturns a prior rule that permitted applicants to choose a gender marker marked with the letter "X." President Biden introduced that option to assist transgender and nonbinary people. Regardless of their legal documentation, it permitted individuals to self-identify their gender on USCIS forms.

The current administration has a different perspective. According to DHS Assistant Secretary for Public Affairs Tricia McLaughlin, the new rule aims to restore "biological reality."

She said the move is a component of President Trump's "revolution of common sense. " Additionally, she connected the change to national security, claiming that gender ideology should not be promoted through immigration.

What Applicants Should Know Now

When filing for immigration benefits, your original birth certificate's sex should be used. This could help prevent delays. If the sex on your birth certificate is nonbinary, be ready to present further documentation. This may consist of medical documents or previous identification that indicates a person's gender.

If you filled out a form with the gender marker "X," you may receive a revised form. Alternatively, it can list males or females.

The new guidelines are in effect right now. They cover all immigration forms filed or pending on or after April 2, 2025.

FAQS

Will this change impact previously authorized immigration benefits or documentation?

USCIS may issue new documents that comply with the changed sex designation guideline, even though current documentation and approvals are still valid. Based on your birth certificate or relevant secondary proof, your original document may now indicate male or female if a replacement is required for the "X" gender marker.

Will already-issued green cards or naturalization certificates be affected by this change?

Current documents are not rendered void retrospectively by the new policy. They will, however, adhere to the revised rules if you request future benefits or replacement documents. According to the sex listed at birth or confirmed by reliable proof, replacements or newly issued USCIS documents will only list males or females.