USCIS Gender Policy Shift Raises Concerns For Asylum Applicants Based On Gender Identity

On March 31, 2024, U.S. Citizenship and Immigration Services (USCIS) implemented a policy update that limits gender marker selections on all immigration forms and systems to two biological sexes: male and female. This change eliminates the option for applicants to select a non-binary or "X" gender marker—an option that had previously been permitted on some forms.

While USCIS emphasizes that this update does not change who qualifies for immigration benefits, it may significantly impact how certain applications—particularly asylum claims based on gender identity-related persecution—are understood and evaluated.

What Has Changed?

Under the revised policy, applicants may now only choose "Male" or "Female" when completing USCIS forms. The ability to select a non-binary or third-gender option is no longer available.