Form N-400 Update: Third Gender Option Available

In addition to the new edition of forms released for April 1st, USCIS has announced that they will include a third gender option for individuals to select on N-400 Naturalization petitions. The third option will be listed as “X”, and will be defined as “Third Gender Identity”. The new edition of the N400, dated as 04/01/2024, will be the first form that USCIS has released that has a third gender option listed. Individuals will immediately have this option listed on their forms.

If you would like to utilize the third gender option and you have already filed your Form N-400, refer to the chart below to see what the steps would be for you:

At this time, USCIS has only offered this option on the Form N-400. If you would like to update your gender identity on any other pending application you will have to wait until USCIS has released the respective forms that reflect that change. This change is not available on the Form N-565, Application for Replacement Naturalization/Citizenship Document.

It’s been made very simple to select X as your gender, you do not need to provide any supporting documentation. The gender option you select on the Form N-400 does not have to reflect the gender listed on other immigration documents or on any supporting identity documents (i.e. birth certificate, passport, or state identification).

In regards to Social Security, USCIS states that an individual utilizing the third gender option may need to visit a Social Security office for a Social Security card or to update their citizenship status. At this time, the Social Security Administration is still developing systems to accept the X gender option.

If it is now time for you to begin your citizenship process and you would like to speak to an attorney to understand what that undertakes, give our office a call to speak with one of our attorneys at 919.833.0840.

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