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The biological sex of a person will control the gender option on federal immigration documents. See updated USCIS manual here: https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20250402-RecognizingMaleAndFemaleSexes.pdf. Also see the Department of State’s issued update here: https://travel.state.gov/content/travel/en/passports/passport-help/sex-marker.html

Biological Sex of Person Determinative for USCIS

The biological sex of a person will control the gender option on federal immigration documents. See updated USCIS manual here: https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20250402-RecognizingMaleAndFemaleSexes.pdf. Also see the Department of State’s issued update here: https://travel.state.gov/content/travel/en/passports/passport-help/sex-marker.html

About the Author
Christina Wallace brings over 27 years of experience to the practice of immigration law. Her concentration in business immigration entails solving complex immigration problems for business clients ranging from Fortune 500 to smaller companies.
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