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The USCIS has updated its policy to recognize only two biological sexes—male and female—aligning with a new executive order. This change impacts visa processing, documentation, and immigration procedures for travelers.
The U.S. Citizenship and Immigration Services (USCIS) has announced a significant policy update, clarifying its recognition of biological sex as exclusively male or female.
This change, effective April 2, 2025, aligns with a recent executive order, “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”
How the Policy Works
The policy defines sex based on birth certificates, restricts blank fields, and mandates consistency in USCIS-issued travel and immigration documents. For international travellers, this policy shift has crucial implications. Here’s a breakdown:
1. Birth Certificate as Primary Evidence
USCIS will primarily determine an individual’s sex based on the birth certificate issued at or nearest to the time of birth. This document serves as the main reference for official records.
2. Secondary Evidence Consideration
If a birth certificate does not explicitly state male or female, USCIS will rely on secondary evidence, such as medical records or historical documentation, as outlined in the USCIS Policy Manual.
3. No Blank Sex Fields on Documents
USCIS will not issue any travel or immigration documents with blank sex fields. Every official document must indicate either male or female, ensuring compliance with federal policies.
4. Consistency Across Travel Documents
The sex listed on USCIS-issued travel and immigration documents must match the birth certificate. Any discrepancies between documents may lead to additional verification and potential processing delays.
5. Potential Adjudication Delays
If an applicant selects a sex different from what is listed on their birth certificate, USCIS may require further documentation. This can cause delays in processing visas, green cards, or other immigration benefits.
6. Notice of Discrepancies from USCIS
If USCIS issues a document reflecting a sex different from what the applicant requested, they may notify the individual. This could require further clarification or additional supporting documents.
Impact on Travellers
This policy change may have significant implications for travellers, particularly those who identify as non-binary or transgender. Here’s what international travelers and immigration applicants should be aware of:
Visa & Immigration Processing: Applicants must ensure that the sex listed on their documents aligns with their birth certificate to avoid delays.
Passport & Travel Documentation: Travelers applying for US visas or other immigration benefits should verify that their documents match the sex on their birth certificate.
Potential Adjudication Delays: If an applicant selects a sex different from what is on their birth certificate, additional verification may be required, potentially prolonging processing times.
No Third Gender Recognition: Unlike some countries that recognize non-binary or third-gender classifications, the U.S. will adhere strictly to male and female designations.
Future Travel Considerations
For those traveling to or through the U.S., particularly individuals who have legally changed their gender markers in other countries, this policy may pose challenges. It is advisable to:
• Check visa and immigration requirements in advance.
• Ensure consistency in documentation before submitting applications.
• Allow extra time for potential processing delays.
Official Statements and Policy Details
DHS Assistant Secretary for Public Affairs Tricia McLaughlin stated that the policy aligns with the “simple biological reality” and national security concerns. The official policy details are available in Volumes 1, 11, and 12 of the USCIS Policy Manual and can be found in the Policy Alert provided by USCIS.
Final Thoughts
This USCIS policy update reinforces sex classification based on birth certificates, impacting immigration and travel documentation. Travelers should ensure consistency in their records to avoid delays. Staying informed and preparing accordingly will help navigate these changes smoothly.
Source: https://travelobiz.com/uscis-updates-sex-recognition-policy-impact-travel-visas/
