Transgender and Nonbinary Immigration Documents

Reviewed September 18, 2026.

Transgender and nonbinary immigrants may have passports, birth certificates, court orders, work records, school records, photographs, or immigration documents that show different names or sex markers. A mismatch does not automatically prevent an immigration benefit, but unexplained differences can cause delays, additional evidence requests, or problems during travel and interviews.

Start with a document map

Before filing, list every name, date of birth, sex marker, nationality, and identification number that appears in current or prior records. Include expired passports, visas, Forms I-94, employment records, prior petitions, arrest records, and documents issued in another country. Identify lawful name changes, transliteration differences, clerical errors, and records that cannot safely be corrected.

Passport and visa applications

The U.S. Department of State currently states that new U.S. passports are issued only with an M or F marker matching sex at birth and that it no longer issues new X-marker passports. Existing passports generally remain valid until expiration, replacement, or invalidation. Current DS-160 instructions also address applications when a passport shows a different marker or an X/unspecified marker. These policies have changed and may be affected by litigation, so confirm the current rule immediately before filing or travel.

USCIS filings and supporting evidence

USCIS forms and document requirements vary by benefit. Depending on the filing, helpful records may include a certified name-change order, amended civil document, marriage certificate, prior immigration receipt, passport identity page, state identification, or a short written explanation connecting the records. Never alter a civil or immigration document. Submit an accurate translation when a document is not in English.

Privacy and safety

A legal filing may require facts that a person does not want disclosed to family, an employer, or someone controlling the mail. Decide in advance which mailing address, telephone number, and email account are safe. Ask how copies, interview notices, biometrics appointments, and requests for evidence will be delivered.

Travel and enforcement risk

Document consistency is only one part of travel planning. Prior removal orders, unlawful presence, criminal history, pending applications, parole, asylum history, and the document used for entry can materially change the risk. Do not rely on a general web page to decide whether to leave the United States.

For a case-specific review, call 203-373-9080 or contact M.C. Law Group. See the LGBTQ+ immigration overview, the LGBTQ+ asylum guide, or lea esta página en español.

Official resources

This page provides general information, not legal advice. Recheck the governing agency’s current instructions before filing or traveling.