Tuesday, July 30, 2019

Memoir of another USCIS interview

We sat there in the waiting room discussing how the interview would go and whether the spouse of the applicant would have to participate. This can happen when a Legal Permanent Resident in the United States is asking to become a U.S. citizen after just three years as resident. In that case, becoming a U.S. citizen is contingent upon your marriage to a U.S. citizen. Thus the U.S. citizen spouse may need to participate. Once the Immigration Officer called us into the interview room, she indicated the U.S. citizen spouse could remain in the waiting lobby. The applicant was a Mexican national who was very intelligent and spoke English almost perfectly. The only question after completing the interview was which gender to assign in the Naturalization Certificate. The applicant was born a male but at the point of filing the application for naturalization as a U.S. citizen, he was in the process of transitioning to a woman. There is no legal guidance on this subject just yet so USCIS decided that the gender would have remain "male" until such time as the applicant can produce a legal document, like a court order, that legally changes the gender to "female".

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