USCIS Revises Form N-400 for Naturalization to Include Third Gender Option

USCIS has revised Form N-400, Application for Naturalization, to provide a third gender option, “X,” defined as “Another Gender Identity.” USCIS is also updating guidance in the USCIS Policy Manual accordingly to account for this form revision and other forthcoming form revisions that will add a third gender option; see the Policy Alert.

The 04/01/24 edition of Form N-400 will be the first USCIS form to include the X gender option. Applicants filing this edition of Form N-400 on or after April 1, 2024, will have X immediately available as a gender option on their form.

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. For all other forms, individuals must wait until USCIS revises those forms to include the X gender option.

Consult the chart below to determine if the X gender option is available to you.

If you want your gender to be reflected as X and… Then…
You filed your Form N-400 before April 1, 2024, and your N-400 is still pending If you received a Request for Evidence (RFE) or interview notice: Provide a letter explaining that you request to change your gender to X in response to the RFE or at the interview.

If you have an online account:
Upload a letter explaining that you request to change your gender to X. Upload the letter as new evidence to the pending application.

If you do not have an online account:
Email and request to change your gender to X.

If you have a pending or approved VAWA, T, or U-related case:
Refer to the Contact Us webpage (Inquiries for VAWA, T, and U Filings section).

You already received your naturalization certificate You must wait until USCIS revises Form N-565 Application for Replacement Naturalization/Citizenship Document to add the X gender option. You must continue to submit the Form N-565 in accordance with form instructions until updated. Once USCIS revises Form N-565, the revised form will allow for a third gender option when applying for a replacement certificate.

Form N-400 is the only USCIS form that offers the X gender option at this time. Once USCIS updates additional forms to offer the X gender option, benefit requestors may follow the instructions on the Updating or Correcting Your Documents webpage to select the X gender option.

Supporting Documentation Not Needed

Benefit requestors do not need to provide supporting documentation to select X as their gender initially or to change their gender selection for Form N-400. The gender selected does not need to match the gender listed on other immigration documents or on supporting identity documents, such as a birth certificate, passport, or state identification.

Social Security Card

Benefit requestors that select the X gender option on the new Form N-400, may need to visit a Social Security office for a Social Security card or to update their citizenship status. The Social Security Administration is still developing systems to accept the X gender option.

Erickson Insights & Analysis

Adding a third gender option helps ensure that secure identity documents and biographical data are accurate and helps both external stakeholders and individuals requesting immigration benefits. It is also consistent with federal and state agencies that have adopted a third gender option, such as the U.S. Department of State’s expanded passport services to offer gender X in their application.

Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.