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Immigration
United States law does not explicitly prohibit transgender people from visiting or immigrating to the U.S. Transgender people should face no significant or systemic difficulties in obtaining the vast majority of visas (i.e. tourists, students, employees of a company based in the U.S, etc).
Many transgender people have immigrated to the U.S. due to their marriage to a U.S. citizen or permanent resident. However, due to the legal difficulties that some transgender people occasionally face in getting recognition of their marriage, couples where one partner is transgender are strongly encouraged to seek legal information and advice prior to applying for marriage based immigration. The Transgender Law and Policy Institute offers free legal information.
Permanent Partners Immigration Act
The Permanent Partners Immigration Act (PPIA) was introduced in the House of Representatives in 2000 and would amend US immigration law to allow a US citizen or permanent resident to sponsor their partner if they are not legally able to marry. At this time, only those who are legally married can sponsor their partner. The language of the PPIA is inclusive of transgender people. Therefore the Act’s passage would allow transgender people to seek immigration regardless of whether they are married. For more information about how you can support PPIA, go to http://www.loveseesnoborders.org.
Asylum
Anyone who is in the U.S. and has been harmed, or fears harm, in their home country because they are transgender, or because they don’t otherwise conform to gender norms, should strongly consider applying for asylum. Legally, the past harm, or fear of harm (called “persecution”), has to come from the government, or an agency that the government will/can not control in the person’s home county. The fear also has to be “legitimate” (which means that asylum applicants must provide some evidence of the harm they have suffered, harm that other people like them have suffered, or the existence of a policy or practice that would facilitate such harm).
Asylum is available to people who fear harm based, at least in part, on their race, religion, nationality, membership in a particular social group, and/or political opinion. Many transgender people have received asylum in the U.S. because, in their individual case, being transgender or gender non-conforming has been found to be a part of a particular social group. Asylum allows a person to stay in the US, receive a work permit and public benefits, and eventually apply for a green card.
For more information about qualifications for asylum and how to get legal advice or assistance, go to http://www.nclrights.org/publications/genderasylum.htm. To find out about possible help in other parts of the U.S., contact the Lesbian and Gay Immigrants Rights Task Force at http://www.lgirtf.org.
Documents
Permanent Residence Card
Name Change
You must submit the following information, in person, at your local district or sub-office. Locations can be found at http://uscis.gov/graphics/fieldoffices/distsub_offices/index.htm.
- Form 1-90, Application to Replace Permanent Residence Card (found at http://uscis.gov/graphics/formsfee/forms/i-90.htm)
- A certified copy of the court order legally changing your name
- Original documents
- Two photographs of you that are less than 6 months old
- $130.00 fee
Gender Change
You must submit the following information, in person, at your local district or sub-office. Locations can be found at http://uscis.gov/graphics/fieldoffices/distsub_offices/index.htm.
- Form 1-90, Application to Replace Permanent Residence Card (found at http://uscis.gov/graphics/formsfee/forms/i-90.htm)
- Letter from doctor, surgeon, or hospital verifying that you have had Gender Reassignment Surgery
- Original documents
- Two photographs of you that are less than 6 months old
- $130.00 fee
Naturalization Papers
Name Change
You must submit the following information, in person, at your local district or sub-office. Locations can be found at http://uscis.gov/graphics/fieldoffices/distsub_offices/index.htm.
- Form N-565, Application for Replacement Naturalization/Citizenship Document (found at http://uscis.gov/graphics/formsfee/forms/n-565.htm)
- A certified copy of the court order legally changing your name
- Original documents
- Two photographs of you that are less than 6 months old
- $155.00 fee
Gender Change
You must submit the following information, in person, at your local district or sub-office. Locations can be found at http://uscis.gov/graphics/fieldoffices/distsub_offices/index.htm.
- Form N-565, Application for Replacement Naturalization/Citizenship Document (found at http://uscis.gov/graphics/formsfee/forms/n-565.htm)
- Letter from doctor, surgeon, or hospital verifying that you have had Gender Reassignment Surgery
- Original documents
- Two photographs of you that are less than 6 months old
- $155.00 fee
This information must be filed at your local district or sub-office (locations can be found at http://uscis.gov/graphics/fieldoffices/distsub_offices/index.htm)
Please let NCTE know if you have had any problems changing these documents.
Resources
Transgender Law and Policy Institute
National Center for Lesbian Rights
