US Immigration’s ’common sense’ rule: What changes? What can lead to rejection of benefit requests? All you need to know

The US Citizenship and Immigration Services (USCIS) recently declared that it will recognise only two biological sexes—male and female. The latest update applies to all pending and future immigration benefit requests filed on or after April 2, stated the Immigration department’s release.

“There are only two sexes—male and female,” stated Tricia McLaughlin, Assistant Secretary for Public Affairs at the Department of Homeland Security.

McLaughlin further added that the policy aligns with how Trump promised the American people “a revolution of common sense”, and that “includes making sure that the policy of the US government agrees with simple biological reality.”

What changes under the new policy?

As per the updated policy, a person’s sex will be determined based on the birth certificate issued at or closest to the time of birth. “If the birth certificate issued at or nearest to the time of birth indicates a sex other than male or female, USCIS will base the determination of sex on secondary evidence,” stated the agency.

Which immigration benefit applications would be affected?

The USCIS policy of recognising only two sexes will affect all pending applications, and those filed on or after April 2, 2025, stated the agency.

How can USCIS reject immigration benefit requests?

USCIS clearly states that it will not deny benefits solely because the benefit requestor did not properly indicate his or her sex.

The agency, however, does not issue documents with a blank sex field, and does not issue documents with a sex different than the sex as generally evidenced on a birth certificate issued at the time of birth (or issued nearest to the time of birth).

What if you do not mention the sex in immigration benefit request?

If a benefit requestor does not indicate his or her sex or indicates a sex different from the sex on his or her birth certificate issued at the time of birth (or issued nearest to the time of birth), there may be delays in adjudication.

USCIS may also provide notice to benefit requestors if it issues a USCIS document reflecting a sex different than that indicated by the benefit requestor on the request.

What is ‘secondary evidence’ in US Immigration dept?

USCIS requires primary evidence when it is generally available, as determined by the US Department of State. If one cannot get primary evidence, one needs to show that it doesn’t exist or can’t be obtained, and then provide secondary evidence instead.

The secondary evidence must clearly make up for the missing primary evidence.

For instance, a government-issued birth certificate is an example of primary evidence of the birth of a child, whereas a baptismal certificate is an example of secondary evidence of the birth of the child.