On April 2, 2025, U.S. Citizenship and Immigration Services (USCIS) implemented a significant policy shift, announcing it will now recognize only two sexes—male and female—in accordance with a directive issued under the Trump administration. This change, which applies to all immigration benefit requests filed or pending on or after April 2, has been incorporated into the USCIS Policy Manual and overrides prior inclusive guidance.
Policy Based on Birth Certificate at or Near Time of Birth
Under the new policy, USCIS will determine a benefit requestor’s sex based on the sex listed on their birth certificate issued at or near the time of birth. If the birth certificate does not list a sex, or lists a marker other than male or female, USCIS will use “secondary evidence” to make that determination.
USCIS has stated:
- It will not deny a request solely based on the failure to indicate a sex;
- It will not issue documents with a blank sex field;
- If the listed sex on an application differs from what is recorded on the birth certificate, applicants may experience processing delays or discrepancies;
- Applicants may receive USCIS-issued documents showing a sex marker different from what they selected.
A Step Backward for Inclusion and Dignity
This policy shift is deeply concerning. It undermines the dignity and identity of transgender, nonbinary, and intersex individuals who have long faced barriers within the immigration system. By enforcing rigid sex designations and narrowing recognition to only two categories, USCIS may create unnecessary complications, delays, and distress for applicants whose gender identity or documentation does not fit neatly into this binary framework.
While USCIS claims that it will not deny benefits based on these criteria alone, the policy introduces ambiguity and may further marginalize already vulnerable populations seeking safety, stability, and opportunity in the United States.
We Stand With Our Clients
At our firm, we believe that immigration policy should reflect fairness, dignity, and respect for every person’s identity. We remain committed to advocating for all individuals affected by this change and ensuring your applications are submitted with the strongest possible support.
If you are concerned about how this policy may impact your application or your ability to reflect your true identity on USCIS documentation, we encourage you to contact us. We are here to help you navigate these changes, protect your rights, and stand beside you every step of the way.
Schedule a consultation today to speak with one of our experienced immigration attorneys.
