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pdfU.S. Citizenship and Immigration Services
Office of the Director (MS-2000)
Washington, DC 20529-2000
PM-602-0141
DATE: January 19, 2017
Policy Memorandum
SUBJECT:
Revision of Adjudicator’s Field Manual Subchapter 10.22 - Change of Gender
Designation on Documents Issued by U.S. Citizenship and Immigration Services
Purpose
This policy memorandum (PM) and accompanying revisions to the Adjudicator’s Field Manual
(AFM) update U.S. Citizenship and Immigration Services (USCIS) policy regarding procedures
and requirements to change the gender designation on a USCIS-issued document.
Scope
This PM applies to and binds all USCIS employees.
Authorities
Section 103(a) Immigration and Nationality Act; 8 CFR 103.2.
Policy
USCIS officers will follow the policy stated in the AFM, as amended by this PM, in adjudicating
petitions or applications that request modification of the gender designation reflected on USCISissued documents.
Implementation
Subchapter 10.22 of the AFM is amended to read as follows:
Chapter 10 An Overview of the Adjudication Process
*****
10.22 Change of Gender Designation on Documents Issued by USCIS
USCIS issues a variety of documents that show identity and immigration status in the United
States. These include, but are not limited to, Employment Authorization Documents, Refugee
Travel Documents, Permanent Resident Cards, and Certificates of Citizenship or Naturalization.
Individuals may request a change in the gender reflected on a USCIS-issued document using the
standard USCIS form for requesting the desired document. USCIS will issue an initial or
amended document reflecting the changed gender designation if the individual presents one of
the following forms of evidence in support of the change in gender designation along with
meeting all other requirements for the requested document:
PM-602-0141 Revision of Adjudicator’s Field Manual Subchapter 10.22 - Change of Gender
Designation on Documents Issued by USCIS
Page 2
•
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 the purposes of this
subchapter, 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:
The health care professional's full name, address, and telephone number;
The health care professional’s license number and the issuing state, country,
or other jurisdiction of the professional license;
Language stating that the health care professional has treated or evaluated the
individual in relation to the individual’s gender identity1; and
The health care professional’s assessment of the individual’s gender identity.
Sample health care certification language can be found in Appendix A at the end of subchapter
10.22.
USCIS may request additional evidence of the individual’s gender identity, as necessary to verify
the requested change in gender designation. As in all adjudications, if an officer finds significant
substantive discrepancies, has reason to question the accuracy or authenticity of documents
submitted, or finds other indicators of fraud, the case may be referred to the USCIS Fraud
Detection and National Security Directorate (FDNS) in accordance with current national and
local policies.
If the individual is also requesting that a name change be reflected on the document to be issued
by USCIS, evidence that the name change was completed according to the relevant state or
foreign law must also be submitted.
USCIS-issued documents that display a gender or sex identifier are limited to indicating only
female or male. Consequently, requests for USCIS-issued documents reflecting a change of
gender designation must indicate either female or male as the new gender.
1
Proof of sex reassignment surgery or any other specific medical treatment is not required to issue the
requested document in the changed gender.
PM-602-0141 Revision of Adjudicator’s Field Manual Subchapter 10.22 - Change of Gender
Designation on Documents Issued by USCIS
Page 3
Appendix A – Sample Language for Health Care Certification
*The format and language below is one example of an acceptable health care certification letter;
other language and formats should also be accepted as long as they satisfy the requirements set
out in Subchapter 10.22.
Health Care Certification
[Date]
To Whom It May Concern:
I am a licensed [counselor, nurse practitioner, physician, physician assistant, psychologist,
social worker, or therapist], and I have treated or evaluated [patient’s name] in relation to
[patient’s name]’s gender identity. In my professional opinion, [patient’s name]’s gender
identity is consistent with a designation of [male or female].
Patient’s Information:
Full Name:
Date of Birth:
Health Care Professional’s Information:
Full Name:
Organization (if any):
Address:
Phone Number:
License Type: [counselor, nurse practitioner, physician, physician assistant, psychologist, social
worker, or therapist]
License Number:
Issuing State, Country, or other Jurisdiction of License:
Sincerely,
[Health Care Professional’s Signature]
[Health Care Professional’s Printed Name]
Use
This PM is intended solely for the guidance of USCIS personnel in the performance of their
official duties. It is not intended to, does not, and may not be relied upon to create any right or
benefit, substantive or procedural, enforceable at law or by any individual or other party in
removal proceedings, in litigation with the United States, or in any other form or manner.
Contact Information
Questions or suggestions regarding this PM should be addressed through appropriate channels to
the USCIS Office of Policy & Strategy.
File Type | application/pdf |
File Title | Revision of Adjudicator’s Field Manual Subchapter 10.22 - Change of Gender Designation on Documents Issued by U.S. Citizenship a |
Subject | PM-602-0141..January 19, 2017 PM-602-0141 |
Author | DHS/USCIS |
File Modified | 2017-01-19 |
File Created | 2017-01-19 |