Confusion for visa applicants, attorneys after new forms announced

USCIS packet

People applying for U.S. visas and permanent residence, along with their attorneys, have been left confused by sudden changes to application forms introduced Monday, backdated to the start of President Donald Trump’s second administration.

At least nine forms were updated, according to the U.S. Citizenship and Immigration Service (USCIS) website, but rather than allowing applicants time to prepare, the forms were validated back to January 20, Inauguration Day.

One of the main changes is the removal of an option to select a different gender identity than male or female.

Why It Matters

USCIS, which is the agency that determines immigration and citizenship applications, usually offers a grace period for new or updated forms, giving applicants and their attorneys anywhere between a few weeks to a couple of months to file the correct documents. The updated forms could affect hundreds of applicants who have already filed forms they believed to be valid.

A new American citizen holds an envelope with her U.S. citizenship certificate following a naturalization ceremony on August 10, 2023, in Utqiagvik, Alaska.

John Moore/Getty Images

What To Know

The forms updated Monday included those used by immigrants applying for green cards, or permanent residence, as well as those applying for U.S. citizenship.

Among the changes was the removal of the option to select “Another Gender Identity” instead of just “Male” or “Female.” The change reflects Trump‘s executive order, signed shortly after his return to the White House, saying that the U.S. government will recognize only two genders, male and female, assigned at birth.

Another difference between the January 20 and previous versions of the forms is the use of the word “alien” when referring to immigrants, rather than “foreign national” or “noncitizen.”

The Trump administration has been clear that the term “alien” has been widely used in U.S. law and sees its return as a commonsense approach, after former President Joe Biden ordered federal government agencies to stop its use in 2021.

Immigration advocates have said the term is demeaning to immigrants, with the American Immigration Lawyers Association finding that using the term “noncitizen” led to better application outcomes in court cases.

Which Visa Forms Were Changed?

  • I-485 Adjustment of Status – Used by those applying for permanent residency
  • I-485 Supplement A – Offering additional information
  • I-485 Supplement J – Confirmation of valid job offer or request for job portability
  • I-134 Declaration of financial support
  • I-192 Application for advanced permission to enter as a nonimmigrant
  • G-325A Biographic information
  • I-918 Petition for U nonimmigrant status
  • I-131 Application for travel documents, parole documents and arrival/departure records
  • N-400 Application for naturalization – For those applying for citizenship

When Do The Visa Changes Take Effect?

According to USCIS, the new forms took immediate effect on Monday. The form versions were dated January 20, 2025.

A spokesperson for the agency told Newsweek that applicants must check they are using correct forms before submitting.

Immigration attorneys across the country said they had been thrown by the sudden change, when grace periods are usually offered anywhere between two weeks and a few months. Applications submitted in recent days were left in jeopardy, some said.

What People Are Saying

Curtis Morrison, an attorney at Red Eagle Law in California, told Newsweek: “I get that the Trump administration thinks reducing gender identity options on immigration forms will make America great again, or whatever. What I don’t get is why USCIS kept the new form secret until its effective date, without a stated grace period where the old form would still be accepted.

“I had a client who submitted his own I-485 via FedEx on Saturday, but it didn’t arrive until today. We don’t know if it will be returned or not. While DOGE claims to be eliminating administrative nonsense, USCIS is intentionally creating administrative chaos. It’s hypocrisy.”

Elissa Taub, a partner at Siskind Susser PC in Memphis, told Newsweek: “One lawyer from our office contacted FedEx to halt delivery of a case shipped out yesterday. My paralegal had to resend forms for signature that our client just signed last week. And I’m hearing from colleagues all over that this has caused chaos with their clients, who are wondering why their lawyer didn’t know about this change in advance.

“What adds insult to injury is that the changes to the forms aren’t urgent. They change the words gender to sex and noncitizen to alien. USCIS could have given a grace period for using these new forms, or they could have given advanced notice of the changes. They did neither, which really shows a disrespect for the public and immigration lawyers.”

A USCIS spokesperson told Newsweek: “As stated: ‘If any of the form’s pages are missing or are from a different form edition, we may reject your form.'”

What Happens Next

Immigration attorneys and their clients who applied within the past few days will be waiting to see if applications are rejected. As forms have to be mailed, it could take many weeks for a return.

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