United States | USCIS updates policy manual on biological sex recognition

U.S. Citizenship and Immigration Services announced it is updating its policy manual to recognize only two biological sexes, male and female.

Key Points:

• The policy update and guidance is consistent with the executive order issued Jan. 20, 2025.
• Under this guidance, USCIS considers a person’s sex as that which is generally evidenced on the birth certificate issued at or nearest to the time of birth. Secondary evidence will be used if sex at birth is indicated other than male or female.
• This policy update and guidance is effective immediately and applies to benefit requests pending or filed on or after April 2, 2025.

Additional Information: While benefits won’t be denied solely for incorrect sex indication, delays may occur if the sex indicated differs from the birth certificate. The formal policy alert can be read here.

This alert has been provided by the BAL U.S. Practice Group.

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