A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

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Thursday, January 19, 2017

Change of Gender in Immigration Documents

U.S. Citizenship and Immigration Services issued a policy memo on January 19, 2017 regarding change of gender designation on documents issued by the immigration agency.   To request for a change in the gender on a USCIS-issued document, one may present one of the following forms of evidence: 

• A court order granting change of sex or gender;

•A government-issued document reflecting the requested gender designation. Acceptable government-issued documents include an amended birth certificate, a passport, a driver’s license, or other official document showing identity issued by the U.S. Government, a state or local government in the United States, or a foreign government; or

• A letter from a licensed health care professional certifying that the requested gender
designation is consistent with the individual’s gender identity.   For these purposes, a licensed health care professional includes licensed counselors, nurse practitioners, physicians (Medical Doctors or Doctors of Osteopathy), physician assistants, psychologists, social workers, and therapists. The health care certification letter must include the following information:

  1. The health care professional's full name, address, and telephone number;
  2. The health care professional’s license number and the issuing state, country,
  3. or other jurisdiction of the professional license;
  4. Language stating that the health care professional has treated or evaluated the
  5. individual in relation to the individual’s gender identity; and
  6. The health care professional’s assessment of the individual’s gender identity.

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