The maddening experience of the average transgender US citizen is nothing next to the average transgender immigrant’s journey navigating the US immigration system.

The government has clear answers for how trans citizens can change their gender markers on documents, at least until Donald Trump takes office and eliminates Joe Biden’s trans-friendly policies. It can be daunting and bureaucratic. Simple errors can derail you. But for the most part, citizens mail in generic forms, snap a photo, pay, and receive their documents in a few weeks. The process is straightforward and basically the same for everyone.

For immigrants like you, lawyers told us what’s best depends on who you are and where you came from. To give an extreme example, the US is less likely to grant asylum to an undocumented transgender woman from Barcelona or Paris (I haven’t met either of you, but I’m sure you’re out there), as it would be to a Russian, Ugandan, or Honduran fleeing from danger in their home country.

While we did our homework, and spoke to qualified lawyers, if there’s a law degree on our wall, I haven’t seen it. The best we can do is write a helpful, informed guide. For legal advice, speak to an immigration attorney. If you don’t have one, consider seeking low-cost or pro-bono immigration legal services in your area.

Malou Chávez, executive director of Northwest Immigrant Rights Project, warned immigrants against trusting notarios, or people without law degrees who present themselves as experts of immigration law. Notarios exploit target vulnerable immigrant communities in times of confusion, like when the government announces changes to its process.

“It could go different ways, but mostly it’s completing forms and providing advice even though the person is not an attorney,” she said. “Be cautious.”

Though generally speaking, the advice for trans immigrants is the same as it is for trans citizens: Update your gender on federal documents while you can. The incoming Trump administration will likely make it harder to do so when it eliminates self-attestation, or the ability to proclaim your gender without a medical evaluation. We can’t be sure what exactly could change, but Trump has said that on day one of his presidency, the US government will adopt the position that there are only two genders, which he’s previously said are set at birth.

For the time being, you don’t need a doctor’s letter to change the gender marker on all but one federal immigration document. If you’re applying for asylum, it may even help your case. If you’re undocumented and don’t have any forms to update, there’s a path forward for you too. None of this comes cheap. Updating your name and gender on USCIS documents can cost upwards of $495), and can’t be done all at once.

Here’s how the US-CIS can make you US-Trans.

If You’re Undocumented

Find yourself a lawyer and file an asylum case, says Ava Benach, the founding partner at Benach and Collopy in Washington, DC. Her firm has handled hundreds of asylum cases for trans people.

A trans identity makes for a strong claim because, despite the constant legislative attacks of the past four years, the United States remains one of the safest countries for trans people in the world. A trans Central American walking from Guatemala or El Salvador is not passing through many places they’d be free from a well-founded fear of persecution.

“If you’re a trans person who’s come into the country in the last year, get yourself to a lawyer and consider applying for asylum,” Benach says. “But if you have been here longer than a year [and missed the deadline to file form I-589], there are commonly accepted exceptions to that rule.”

Those exceptions include a person not identifying as trans until they’d lived in the states, starting hormone replacement therapy, updating identity documents, or an HIV diagnosis, which is statistically more common in the trans community and grounds for persecution on its own.

Immigration attorneys say it’s common for  immigrants from countries hostile to LGBTQ people not to explore their identity until they’ve been here for some time—either because it wasn’t safe or because in their culture, queer identity was flattened into a broader category of “something someone should never be.” Sometimes it’s masculine lesbians and feminine men figuring out their true gender identity, other times transgender men and women realize non-binary better describes them. These things take time and experience to discover, which doesn’t change the reality that deportation after transition could be dangerous—making a strong case for asylum.

Trans people ineligible for asylum could instead qualify for withholding of removal, an alternate, less stable pathway of protection which allows someone to stay in the US indefinitely on a work permit. While withholding blocks the government from deporting a person to their home country, the US still has the ability to send them to another country that would take them, Benach says.

Kelsey Shamrell-Harrington, managing attorney at LGBTQ immigrant legal services organization Entre Hermanos, says there’s growing consciousness among immigration judges that gender identity is fluid, especially for those escaping bigotry. It can depend on where the court is located, but “you’d be surprised,” she said. Her clients often ask if a judge will discriminate against them if they change their name or gender during asylum proceedings.

“The US government is not authorized to discriminate against somebody because they’re trans,” Shamrell-Harrington says. “Being a transgender person generally means you’ll be more vulnerable for future violence. For that reason, I try to discourage people from letting the fear of what government officials think prevent them from living their truth, especially when their truth can be ultimately so protective for them.”

Under current USCIS policy, LGBT are members of a protected group whose persecution makes them eligible for asylum.

The Biden’s administration has already severely restricted asylum eligibility. A process made more difficult by Democrats will be made even worse by Trump. Project 2025, which we should consider a policy model until proven otherwise, calls for “asylum reform,” to eliminate expedited pathways, raise the standard for credible fear of persecution, and eliminate the “vague and overbroad” protections for social groups.

But Trump won’t have ultimate power. He can initiate mass deportation without congressional approval, but making the changes suggested by Project 2025 would require action in the House and Senate.

Not that that’s out of the question. Come Inauguration Day, conservatives will control all three branches of government. And like last time, Trump is likely to pack the courts with federally appointed judges sympathetic to Making the Bench Great Again. Fortunately, any changes will face lawsuits (and the last Trump administration lost lawsuits all the time). Remember Plants vs. Zombies? The next four years are going to be like that, but with lawyers throttling unjust law and policy.

All the same, this oncoming shift is one of the compelling reasons undocumented trans people should consider filing for asylum today. Even if government workers want to accept these claims, they’ll have their marching orders from Trump.

The biggest risks for any undocumented immigrant are detainment and deportation, but Benach says the danger is acute for trans immigrants, particularly undocumented trans women, who have suffered in Immigration and Customs Enforcement detention centers.

Anything that initiates a criminal process, from arrest to conviction, can draw ICE to an undocumented immigrant, and a significant number of trans people rely on sex work to pay the bills.

The National Transgender Discrimination survey found 13%

trans people have done sex work. The majority are trans women, who report discrimination keeping them out of other jobs. The risk of arrest could grow as more states consider criminalizing trans people from using single-gender facilities like bathrooms. Still, being trans in and of itself is not grounds for deportation and Trump is not prioritizing their removal.

“If there’s going to be raids, it’s going to be at meat processing plants and construction sites. It’s going to be in buildings full of undocumented people,” Benach said. “If you don’t get arrested, chances are you’re not likely to become a target.”

If You Are Documented

In March 2023, US Citizenship and Immigration Services (USCIS) updated its policy manual to accept self-identified gender markers for people requesting immigration benefits, and that gender marker does not need to match supporting documents. (At present, and likely for the foreseeable future, USCIS will only offer binary gender markers).

USCIS provides instructions for correcting Arrival-departure records, employment authorization documents, permanent resident cards, and various travel documents. Applicants do not need to supply proof of their gender, with the exception of those replacing their naturalization certificate.

If you have an employment authorization form or Green Card, you should also update your gender marker with the Social Security Administration. It’s free. Naturalized citizens should also update their US passports.

Attorneys said they could think of very few instances where updating any of these documents could put someone in harm’s way—mostly having to do with how soon after a person submitted their forms after an arrest or conviction when they’d be better off laying low than catching the attention of the immigration authorities. If you’re seeking asylum and authorized to work, updating your documents could even help build a persuasive argument if it’s consistent with your case and your story. In many instances, it’s totally neutral.

Even though the USCIS handles all these forms, changing each one comes with a slightly different process and price. The agency doesn’t change them all at once, lawyers said. Immigrants do not need to change all these forms–in fact, mismatched markers between USCIS documents are okay. In some cases, immigrants may not want to change them, either.

For instance, most people aren’t presenting their arrival-departure records on a daily basis and travel documents are sometimes one-off. For some, it may be safest to avoid changing these: Border guards are not primarily known for  friendliness and understanding, and if the gender marker on the passport from your home country does not match the gender marker on your USCIS-issued travel documentation, you could run into trouble when leaving or re-entering the country.

Lawyers say to prioritize the documents you share with your employer and the authorities: Employment Authorization and Green Cards. Although you probably don’t keep a Naturalization Certificate rolled up in your pocket for daily use, you can change it.

Immigration law is hard to DIY. Some immigration attorneys say you should consult your immigration attorney before you file any documents, while others say you can probably manage these steps on your own. If in doubt, send an email. Your immigration attorney probably has an opinion, too. Looping in an attorney won’t slow or accelerate the process. Everyone is subject to the same processing times.

Fees vary from document to document. Here’s the department’s latest fee schedule, which is subject to change.

Changing the Name or Gender Marker on your Employment Authorization Document

For those who don’t know the ins-and-outs of this process, an employment authorization document (EAD) is what it sounds like: A document that allows foreign nationals to work in the US. But these physical cards serve the same important purpose as any photo ID. They’re typically valid for one year, and can be renewed at the halfway mark, six months before they expire. That’s as good a time as any to update the gender on this document.

To update your gender marker on an employment authorization document, submit form I-765, Application for Employment Authorization. If you’re renewing your EAF, try to submit this document at least 180 days before your current card expires (if you apply early, USCIS automatically extends authorization for 540 days). Check the box that suits you. At $495, this necessary annual expense is not cheap.

When filling out the form, check filing category 1.b. Replacement of a lost, stolen or damaged EAD not due to USCIS error.

With your form and filing fee, submit supporting documentation including:

• A copy of your Form I-94
• A copy of your current employment authorization card
• Form G-28 if you’re represented by an attorney (supplemental instructions).
• If this is your first time applying for employment authorization, provide a copy of a government-issued ID.
• The EAD with your old name or gender.
• Two passport style photos, unedited and taken on any camera 5mps or higher, which is basically any smartphone.

Depending on where you’re from—or if you’re a refugee, or asylee, a student, etc.—the USCIS might want something more from you. Check the special requirements here. If you’re eligible, you can file online here.

If you can’t wait because you’re worried about Trump changing USCIS policy before it makes sense to renew your EAD, you can request a replacement from USCIS with the same form. If you don’t have an online account, you can also contact updategenderinfo@uscis.dhs.gov to request a correction to your name or gender marker.

USCIS will ask you for the card with your old gender marker. Wait times for a new document may vary. Attorneys gave us different answers ranging from a minimum of three weeks to 11 months, depending on why you qualify for a work permit. Typically, they say the process is l shortest for asylum seekers and longest for parolees.

To update your name on an employment authorization form, you will submit all the same documentation as you would for a gender marker change—plus a court order after you legally change your name in a District or Superior Court. (In Washington, name changes are automatically sealed in Superior Court). You don’t need to be a citizen to change your name in the US. Once you have a court order, provide it to USCIS with your application to renew.

USCIS may ask you for a letter explaining why you’re changing biographic information. You shouldn’t expect to be asked for “proof” like a doctor’s letter, but it does happen.

“Not to call anyone out, but I’ve seen it more from Texas,” says Kelsey Shamrell-Harrington, managing attorney at LGBTQ immigrant legal services organization Entre Hermanos.

Seven out of ten times, her trans clients can update their gender no problem. It’s those three other times the department asks for documentation. USCIS will accept basically any letter from a medical professional confirming you are who you say you are. If an LGBTQ health clinic or LGBT-aware general practitioner is prescribing you hormones, they likely deal with this for insurance all the time, and would be able to quickly email one to you. Advocates for Trans Equality has this sample letter as well.

Additionally, if you are scheduled for an interview with USCIS based on a pending application, you can also update your gender marker in person. That includes removal proceedings.

Malou Chávez, executive director of Northwest Immigrant Rights Project, says asylum seekers should know their employment authorization and case are linked. If you update your gender or name on your card, make sure to update the court’s records as well.

“That’s just different things attorneys and advocates know,” she says. “The process is so complex. While one person may not necessarily need an attorney to replace documents, it’s always advised. Presumably the attorney knows to think about all the different questions and possibilities.”

An asylee can inform USCIS of a change to name or gender during one of those meetings. But if it’s far enough out, your attorney could also file a motion to amend your name and/or gender in the court’s records. “They’ve been very receptive to that,” Shamrell-Harrington says. “I’ve mostly practiced in the Seattle office. So if you’re practicing in Georgia, your experience may be different.”

Changing the Name or Gender Marker on your Green Card.

File form I-90 and pay the $495 fee to replace it.

Under Part 2 of form I-90, or “Application Type,” check box 2.e., “My name or other biographic information has legally changed since the issuance of my existing card.”

Look under “Specific Instructions” on page three of this form to determine what supporting documents USCIS requires from you. It depends on who you are and how you got here. For example, marriage-based Green Cards require marriage certificates, and employment-based Green Cards require a job offer.

Generally though, prepare scanned photocopies of your current Green Card (front and back), valid passport (opened to the page with your photo and personal information), Social Security Card, and birth certificate. If USCIS requests an original copy of a document, the department will send it back to you. You’ll also submit the Green Card with your incorrect information.

You can file online here.

If you’re just changing your gender marker, check male or female.

If you’re changing your name, see Item 4. Check yes and proceed to items 5.a. to 5.c. On the form, provide your name exactly as it is on your current Green Card. Along with your supporting documents, provide the court order from your legal name change in District or Superior Court. (Like all government forms, you can’t change your name on a permanent resident card until you’ve obtained a court ordered name change).

Changing the Name or Gender on Your Naturalization Certificate

File form N-565, along with the $555 filing fee and the supporting evidence outlined in this document. As of April, the government allows people to change their gender marker to X.

To change your name, you’ll also need to provide a court ordered name change. To change both your name and gender, USCIS requires:

• A court order granting you either a change in sex or gender.
• A copy of a government-issued ID with your updated gender, such as an amended birth certificate, a passport, a driver’s license or state ID. Basically any document that shows your updated gender from the federal government, a state government, or a foreign government (which may not be an option for you).
• A letter from a licensed health care professional certifying that your gender matches the gender designation you’re seeking. This includes counselors, nurse practitioners, Medical Doctors or Doctors of Osteopathy, physicians assistants, psychologists, social workers and therapists. This certification must include your court order, confirmation that the medical provider has evaluated or treated you, their assessment of your gender identity and the health care provider’s license number and issuing authority.

If you’re applying from overseas and provide a foreign address, the department will send your new naturalization certificate to the nearest consulate, embassy, or USCIS field office to your address. You’ll get a letter telling you where to pick it up.

Is This Going to Put Me at Risk?

This is by far the most common question we’ve received. Many trans US citizens and immigrants alike  are concerned changing their name and documents will put them on a government list, but according to every single expert and trans advocate that we’ve spoken to about this for months, in this rare instance, not fitting into the system benefits trans people.

Changing your name or gender-marker on government documents will create a record of some kind. Federal agencies don’t process gender-marker changes with special gender-marker change forms. They’re the same generic forms everyone uses for applying and renewing. The federal government likely won’t be able to search for those specific records without an expensive overhaul to their databases.

Why spend the money when surveilling social media is a easier and faster way to find trans people? That’s not to say delete your social media, but it's helpful to  stack concrete  vulnerabilities against the government actions of our nightmares. Plus, as advocates pointed out, statistics show trans people who carry documentation that doesn’t match their appearance are at risk of violence already.

“Somebody needs to balance their own immediate day to day safety against the hypothetical risks,” said Olivia Hunt, policy director at the National Center for Trans Equality.

According to the 2015 US Trans Survey, the largest dataset on trans people in the US currently available,  nearly one-third (32%) of trans people who presented an identity document that did not match their presentation experienced discrimination, denial of service, and violence. But risk is a personal assessment. If you’re anxious, consider pushing through the feeling and ask what you’d do if you weren’t afraid. Ultimately, only you know the right answer.

We’ll be updating this story to respond to changes in policy. Have any questions we didn’t answer? Run into problems? Let us know.