USCIS Introduces Third Gender Option on Naturalization Application

Updated: Jun 08, 2024 | Tags: Form N-400, Third Gender Option for Form N-400

In a landmark policy update, the United States Citizenship and Immigration Services (USCIS) has introduced a third gender option on the naturalization application, Form N-400.

Effective April 1, 2024, this addition marks a significant step toward acknowledging and respecting the identities of non-binary and gender non-conforming individuals applying for U.S. citizenship.

This change not only reflects a broader movement towards inclusivity in government documentation but also serves as a crucial development for those whose gender identity does not conform to traditional binary options. 

By incorporating the "X" gender marker, labeled as "Another Gender Identity," USCIS is setting a precedent for more accommodating and sensitive administrative processes in the immigration system.

Details of the Policy Change

In a progressive move by the United States Citizenship and Immigration Services (USCIS), the Form N-400, Application for Naturalization, now includes an "X" gender option.

This change, which took effect on April 1, 2024, represents a significant step forward in recognizing diverse gender identities beyond the traditional male and female classifications.

The newly added "X" gender option on the N-400 form is defined as "Another Gender Identity," providing a way for applicants to self-identify outside the binary gender framework.

This option aims to accommodate individuals who identify as non-binary, genderqueer, genderfluid, or any other non-conventional gender identity, reflecting a broader societal shift towards greater acceptance and inclusivity.

Updating Gender on Existing Applications

For those who have pending N-400 applications filed before the implementation date, USCIS has also made provisions. Applicants can request an update to their gender marker to "X" to reflect their gender identity accurately.

The process involves specific instructions tailored to the applicant's situation, ensuring a smooth transition and recognition of their identity in official records.

To update the gender on a pending application, applicants need to follow a set of straightforward instructions provided by USCIS.

These instructions detail the steps required to amend the gender designation, whether the application is pending or if the individual wishes to reapply with their new gender identity.

This policy change not only aligns with the evolving views on gender identity but also sets a precedent for future updates across other forms and documentation issued by USCIS.

As such, it marks a pivotal moment in the ongoing efforts to ensure that government documents reflect the diverse identities of the American populace.

Current Limitations and Future Developments

Currently, the "X" gender option is available exclusively on Form N-400, the application used for naturalization.

This limitation means that other USCIS forms and documents do not yet include this option, potentially leading to inconsistencies in gender identity recognition across different immigration processes.

As of now, naturalization certificates are the only USCIS-issued secure identity documents that can reflect the "X" designation, which may pose challenges for individuals seeking coherent identity documentation across various governmental and non-governmental platforms.

Recognizing these limitations, USCIS has outlined plans for future revisions to its forms and documents.

The agency is committed to expanding the availability of the "X" gender option to other forms, ensuring that individuals who do not identify strictly as male or female can consistently represent their gender identity across all immigration-related proceedings.

These forthcoming changes are part of a broader initiative to update and modernize USCIS policies to reflect societal changes and promote inclusivity.

Additionally, the Social Security Administration (SSA) is also making strides in this direction.

The SSA is actively working to integrate the "X" gender option into its systems, a move that will facilitate a more seamless interaction between different federal agencies and provide non-binary individuals with more consistent recognition across government services.

These ongoing efforts underscore a commitment to not only acknowledge but also actively support the complexities of gender identity in official documentation.

As these developments unfold, they promise to further enhance the inclusivity and accuracy of government records and support the diverse needs of the population.

Supporting Documentation and Policy Consistency

The introduction of the "X" gender option on the USCIS Form N-400 is a landmark development, emphasizing the agency's commitment to inclusivity without increasing the burden on applicants.

No Supporting Documentation Required

In a significant move towards simplifying the application process, USCIS does not require any supporting documentation for applicants who wish to select or change their gender to "X" on Form N-400.

This decision underscores a shift towards self-identification and respects the privacy of individuals, removing potential obstacles that might deter applicants from expressing their true gender identity.

This policy change is part of a larger initiative within the immigration system to reduce barriers and burdens for all applicants, especially those from marginalized communities.

By allowing a third gender option without the need for additional paperwork, USCIS is setting a standard for accessibility and simplicity in legal and governmental processes.

Consistency with Other Federal and State Agencies

The introduction of the "X" gender option is consistent with similar initiatives across other federal and state agencies. For instance, the U.S. Department of State has already implemented a third gender marker for U.S. passports.

This consistency across agencies not only simplifies the process for individuals who require multiple forms of identification but also reinforces the legitimacy of non-binary and gender non-conforming identities in official and legal contexts.

Implications for Non-Binary and Gender Non-Conforming Individuals

The inclusion of the "X" gender option on the USCIS Form N-400 is more than a bureaucratic update—it represents a fundamental shift towards greater recognition and validation of diverse gender identities within the U.S. immigration system.

This change has several profound implications for non-binary and gender non-conforming individuals, significantly affecting their interactions with the immigration process and beyond.

By officially recognizing a third gender option, USCIS is acknowledging the existence and validity of non-binary identities. This governmental recognition is a crucial step for the social acceptance of individuals whose identities may have been marginalized.

It allows them to see themselves reflected in important legal documents, affirming their identity in a way that is recognized by law.

Reduction of Barriers and Burdens

For many non-binary and gender non-conforming individuals, the process of applying for naturalization and other legal procedures can be daunting due to the fear of discrimination or misunderstanding.

The new option to select "X" as a gender marker reduces these barriers, making the process more inclusive. It eases the emotional and administrative burden on applicants who previously had to choose a gender marker that did not accurately reflect their identity.

Potential Challenges Abroad

While the new policy is a significant advancement within the United States, it also presents challenges in international contexts. Many countries do not recognize a third gender option, which could lead to complications for travelers and immigrants from those jurisdictions.

Non-binary and gender non-conforming individuals might face difficulties when their U.S. issued documents, which recognize their gender as "X", are not accepted or understood by foreign authorities.

This discrepancy can pose issues in international travel, residency applications, and other legal processes abroad.

The introduction of the "X" gender option is a landmark decision in the ongoing push for gender inclusivity.

It not only enhances the integrity of the immigration process by ensuring that all individuals can identify truthfully but also serves as an example for other sectors to follow.

As society continues to evolve in its understanding and acceptance of different gender identities, such administrative changes pave the way for broader social acceptance and legal recognition.

Potential Impact on the Travel Industry

The inclusion of a third gender option on the USCIS's Form N-400 not only marks a significant change in immigration processes but also has broad implications for the travel industry.

As awareness of diverse gender identities increases, the travel sector must adapt to accommodate and respect these changes.

Increased Awareness and Sensitivity

  • Training for Staff: Travel industry professionals, including airline, hotel, and travel agency staff, will need enhanced training to understand and respect non-binary and gender non-conforming identities.

    This training should cover appropriate language use, understanding of non-binary issues, and respectful treatment of all travelers regardless of gender identity.

  • Customer Service Enhancements: With the introduction of the "X" gender option, customer service protocols must be updated to ensure that all individuals feel welcomed and valued throughout their travel experience.

System Updates

  • Booking Systems: Airline and booking platform systems will need to update their interfaces to include an "X" option in gender selection menus.

    This update will allow non-binary and gender non-conforming individuals to book travel that accurately reflects their identity.

  • Documentation and Verification Processes: Changes will be necessary to ensure that travel documents and verification processes align with the new gender options.

    This includes adjustments in the way passports and visas are issued and cross-checked during travel.

Opportunities for Inclusivity

  • Marketing and Promotion: There is a significant opportunity for the travel industry to promote itself as inclusive and welcoming to all gender identities.

    Marketing campaigns can highlight this inclusivity, potentially attracting a broader customer base.

  • Inclusive Policies and Practices: Implementing inclusive policies, such as providing gender-neutral bathrooms and accommodating special requests from non-binary travelers, can enhance the travel experience and foster loyalty among a wider audience.

The adoption of the "X" gender option by USCIS is a call to action for the travel industry to embrace diversity and inclusivity.

Conclusion

The addition of a third gender option on the USCIS Form N-400 marks a significant policy shift, enhancing inclusivity and recognition for non-binary and gender non-conforming individuals within the U.S. immigration system.

This change, mirroring similar updates in federal documentation like U.S. passports, indicates a broader move towards eliminating barriers and fostering sensitivity in governmental processes.

As we move forward, the adoption of the "X" gender option paves the way for further reforms in official documents, emphasizing the need for ongoing efforts to support diverse identities.

It is imperative for all involved—from policymakers to the public—to remain engaged and adaptable as these changes evolve, promoting an inclusive and respectful society.

Reference: https://www.uscis.gov/newsroom/alerts/uscis-provides-third-gender-option-on-form-n-400