USCIS Updates Form N-400 Application for Naturalization

Jackson Lewis P.C.
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USCIS has released the new Form N-400, Application for Naturalization. The new form must be used to file starting June 3, 2024.

Among the form’s various changes, two are particularly notable:

  1. Social Security Update: Applicants will have the option to complete additional questions to request an original or replacement Social Security card and to authorize USCIS to update their immigration status to U.S. citizen with the Social Security Administration (SSA) without having to visit a local SSA office or provide documentation of citizenship status. Those who do not request this benefit on the form will have to visit a SSA field office. In that case, applicants can find out what documentation will be required at the SSA field office at https://www.ssa.gov/number-card/replace-card/get-started/visit-local-office .
  2. Additional Gender Option: Applicants will have a third gender option, “X,” defined as “Another Gender Identity.” The N-400 is the first USCIS form to include this change. The Transportation Safety Authority has also instituted similar changes.

As to the X gender option:

  • Supporting documentation is not required to request or change the gender selection on the N-400.
  • Gender selection on the Form N-400 does not need to match other immigration documents or identity documents.
  • Because SSA is still working on updating its systems, applicants who select the “X” gender option may need to visit a SSA field office to obtain a Social Security card or to update citizenship status at this time.

Applicants with pending N-400 applications filed before the new edition was available may request a gender update. They could do so in response to a request for evidence or at the interview. They could also upload a letter with the request as new evidence through an online account or email the request to USCIS-updategenderinfo@uscis.dhs.gov.

The N-400’s new third gender option and other changes USCIS is making, according to the agency, are consistent with USCIS efforts “to break down barriers in the immigration system and reduce undue burdens in accessing immigration benefits, while still maintaining identity verification and fraud prevention procedures.”

Those who have already received naturalization certificates and wish to choose X must wait until USCIS has revised the Form N-565, Application for Replacement Naturalization/Citizenship Document, to include the third gender option.

Those with other types of benefit requests pending and wish to choose X must also wait until request forms are updated to include the gender option.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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