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Immigration Documents

Immigration documents such as Employment Authorization Cards, Permanent Resident Cards, and Naturalization Certificates are essential for starting employment, enrolling in school, obtaining other identification documents, and more. The United States Citizenship and Immigration Services (USCIS) allows individuals to update the name and/or gender marker on immigration documents through the procedures described below. NCTE always recommends you consult with an immigration attorney to receive advice specific to your immigration situation. 

 

How Do I Update My Immigration Documents?

Generally speaking, to update the name and/or gender marker on any immigration document you will need the following: 

  • If changing name, a court order for name change or other proof of legal name change. 
  • If changing gender, a driver's license, birth certificate, passport, court order, or other official government-issued document reflecting the requested gender designation, OR a letter from a licensed healthcare professional certifying the change in gender, as shown in the sample letter. 

See below for specific list of what you need to submit for each type of immigration document. 

What Should My Provider Certification Letter Include?

USCIS will accept gender designation letters from licensed health care professionals, including licensed counselors, nurse practitioners, physicians (Medical Doctors or Doctors of Osteopathy), physician assistants, psychologists, social workers, and therapists. All certifications should include the information in the below letter. Proof of sex reassignment surgery or other specific medical treatment is not required.

I, (provider's full name), (provider's license number), (issuing state, country, or jurisdiction of the provider's license), have treated or evaluated (name of patient), (date of birth of patient), in relation to their gender identity. In my professional assessment, (name of patient)'s gender identity is (specify gender) and their documentation should be updated accordingly.
 
I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. 
 
Provider's Signature 
Typed Name 
Address 
Phone Number 
Date 

You can download a sample provider certification letter here.

What Do I Need to Update my Employment Authorization Card?

To change the name and/or gender marker on an Employment Authorization Card, you must submit: 

  • Form I-765, Application for Employment Authorization (http://www.uscis.gov/i-765)  
  • Filing fee of $495 (subject to change) or a Fee Waiver 
  • Two passport-style photographs  
  • Supporting documentation 
    • If changing name, a court order for name change or other proof of legal name change. 
    • If changing gender, a birth certificate, passport, driver's license, court order, or other official government-issued documentation recognizing the new gender, OR a letter from a licensed health care provider certifying the change in gender, as shown in the sample letter. 

 

What Do I Need to Update My Permanent Resident Card?

To change the name and/or gender marker on a Permanent Resident Card, you must submit: 

  • Form I-90, Application to Replace Permanent Resident Card (http://www.uscis.gov/i-90
  • Filing fee of $465 (subject to change) or a Fee Waiver 
  • Supporting documentation 
    • If changing name, a court order for name change or other proof of legal name change. 
    • If changing gender, a birth certificate, passport, driver's license, court order, or other official government-issued documentation recognizing the new gender, OR a letter from a licensed health care provider certifiying the gender change, as shown in the sample letter.

What Do I Need to Update my Naturalization Certificate?

To change the name and/or gender marker on a naturalization certificate, you must submit: 

  • Form N-565, Application for Replacement Naturalization/Citizenship Document (http://www.uscis.gov/n-565
  • Filing fee of $555 (subject to change) or a Fee Waiver 
  • Two passport-style photographs  
  • Supporting documentation 
    • If changing name, a court order for name change or other proof of legal name change. 
    • If changing gender, a birth certificate, passport, driver's license, court order, or other official government-issued document recognizing the new gender, OR a letter from a licensed health care provider certifying the change in gender, as shown in the sample letter. 

 

Additional Resources

USCIS Policy Memorandum on Change of Gender Designation on Documents issued by USCIS, January 19, 2017.
https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2017/201…

USCIS Policy Memorandum on Adjudication of Immigration Benefits for Transgender Individuals, April 10, 2012.
http://www.uscis.gov/sites/default/files/USCIS/Outreach/Feedback%20Opportunities/Interim%20Guidance%20for%20Comment/Transgender_FINAL.pdf

Immigration Equality Legal Help
http://www.immigrationequality.org/get-legal-help/ 

 

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