Immigration Equality - TLM

Identity documents that accurately reflect one’s name, gender, and other personal information are important to everyone. As U.S. Department of Homeland Security (DHS) focuses its efforts on issues of enforcement, having accurate identity documents is especially important for non-citizens. There are two primary indicators of gender on identity documents. The first is the individual’s first name, which is generally (though not always) associated with a specific gender. The second is the gender notation on a document that specifies “male” or “female.”

For members of the transgender community, obtaining identity documents that appropriately portray their name and gender identity can be riddled with difficulty. Since it is common for transgender people to change their names, they often must obtain new immigration-related identity documents. Transgender people also often wish to change the gender marker on their immigration documentation to reflect their gender identity.

Having immigration documents that do not match one’s gender identity or presentation can be stressful and may subject a transgender person to discrimination and harassment. For example, if a transgender woman has to produce a “green card” with a male name on it to an immigration officer, she risks the possibility of being suspected of fraud, being detained, placed in removal proceedings, and held in immigration detention. [1]

This chapter discusses methods by which transgender foreign nationals can obtain identity documents that are consistent with their names and gender identities.

Practice Tip: It is far easier for your client to initiate contact with U.S. Citizenship and Immigration Services (USCIS) with the name that corresponds to the gender identity than to change it later. Therefore, it is important to do all you can to get your client’s paperwork in order so he or she can file an application for a visa or asylum application in the correct name (i.e., an FTM can file in his male name). If your client is already in the United States, it is best to obtain a court-ordered name change prior to beginning the immigration process. If your client is outside of the United States, he or she should obtain legal recognition of the name and gender change in his or her home country. This way, you can submit all filings in your client’s current name and list the birth name as a prior name. This will ensure that all subsequent documents up to and including the naturalization certificate will reflect your client’s adopted name. In many cases, however, it will not be possible to obtain a court-ordered name change before your client legalizes his or her status. It is still possible to apply later to change identity documents to reflect your client’s legally changed name.

Practice Tip: Even if your client changed his or her name and gender long ago and does not understand the need to disclose a birth name in making an immigration application, it is always advisable to have your client be truthful and answer all questions completely in immigration forms and interviews. Failure to disclose this information could be interpreted as an attempt to commit fraud and lead to the application being denied.

If the foreign national is living in the United States, he or she may petition for a court-ordered name change and a court order recognizing a change of gender. The following section reviews the standards and procedures for each. Although immigration law is entirely federal, petitions for name and gender change are filed in state court.

At common law, adults have the right to change their names by use, [2]but the best way to ensure that a name change will be recognized is to obtain a court order. [3]Changes of name are obtained by petitioning a state court for an order recognizing a change of name in the county where the person resides. It is not necessary that a person be born in the county or state where he or she is bringing the petition. [4]A foreign national who resides in the state where the petition for change of name is brought is permitted to file in that state. [5]

Practice Tip: If a foreign national is present in the United States without legal status, he or she may legitimately fear using the state court system for any purpose. Although there should be no legal barrier to obtaining a court-ordered name change based on immigration status, as localities increasingly focus on enforcing immigration law, there may be some risk involved in using the court system in some states. Practitioners should speak with experienced local immigration attorneys before sending undocumented clients to court.

In New York City, there is a mayoral order that bars local officials from enforcing immigration laws, so using the New York City Civil Court should not pose any risk for an undocumented foreign national. Nonetheless, some judges who enter name change orders require noncitizens to serve the order on DHS. The service of the order could trigger the initiation of removal proceedings for a foreign national who is out of status in the United States.

The common law right to change one’s name is often clarified by state statutes. In California, for example, any resident can petition a superior court for a change of name so long as the petitioner is seeking a name change for a legal purpose (e.g., not for the purpose of defrauding creditors or evading the law). [6]

Each state has its own process by which a petitioner may file for court-ordered name change. A typical statutory scheme regarding court-ordered name changes includes a petition, a filing fee, and a notice requirement. Some jurisdictions also require additional documentation such as a birth certificate. It is common for state courts to provide straight-forward forms that a petitioner may complete and submit. For example: in Massachusetts, the court provides a form (CLP-27) that must be submitted, along with a filing fee, and a copy of the petitioner’s birth certificate or naturalization papers to the probate court. [7]Many state courts also require that petitioners publish notice of their application for a court-ordered name change in a newspaper for a specified period of time in order to give persons who may object the opportunity to do so. Oftentimes, it is possible to have this publication requirement waived. For example, in Maine, a petitioner seeking a court-ordered name change must publish a notice of the petition. The judge may limit the notice required if the petitioner is a victim of abuse or if the petitioner has a reasonable fear regarding his or her safety. [8]

Practice Tip: It is possible that the notice requirement may make your transgender client feel unsafe. If she is changing her name from a typically male name to a typically female name, and she is not “out” in her community, she may have well-founded fears regarding the disclosure of her gender identity. If this is the case, petition the court to waive the publishing requirement.

Again, each state has its own requirements as to what a petitioner must show to obtain a court-ordered name change. Despite the fact that the requirements are governed by state laws, they are quite uniform among the states. Typical requirements include a showing that the petitioner is not seeking to commit fraud and that the petitioner is seeking to change his or her name for a legal reason. Additionally, some statutes grant the judge discretion to deny a name change if it would be contrary to public policy. [9]However, no court has held that changing one’s name to conform to one’s gender is contrary to public policy. [10]

A foreign national already in the United States can petition the state court for an order recognizing his or her change of gender in most states. The documentation required for a transgender person to gain recognition of his or her gender identity varies greatly from state to state. [11]Ensuring that an individual’s identity documents reflect his or her gender identity accurately is often more difficult than a name change.

For a foreign national, a state court order recognizing a change of gender has limited purpose. A state court order cannot compel USCIS, a federal agency, to change his or her gender marker on immigration-related documents, but it can be persuasive. Nor can a state court order compel a foreign government to amend a person’s birth certificate. Still, a state court order recognizing a change of gender will allow a foreign national to change his or her gender marker on state-issued identity documents. For a foreign national making a marriage-based petition, having the state where the marriage is entered into recognize the corrected gender can be critical to recognition of the marriage itself by USCIS. [12]

Like court-ordered name changes, the procedures for court orders recognizing a change in gender vary from state to state. Using California as an example, this section discusses a sample procedure for obtaining a court order. For petitions filed in other states, the practitioner must research local law and speak with other attorneys who have worked with transgender clients on name and gender change petitions in that state.

A petitioner does not need to have been born in California to request a court order from the state; he only needs to reside in the state. [13]California’s statute requires a petitioner to have undergone surgery that altered sex characteristics in order to obtain a court order recognizing a change of gender. [14]The practitioner helping a foreign national or the spouse of a foreign national to obtain a court order recognizing change of gender will need to respectfully ask if the petitioner has had any transition-related surgeries.

Practice Tip: Although it is inappropriate to ask your client about physical changes in his or her body unless it is legally relevant to the case, when assessing whether your client may be eligible for a court order recognizing a change of gender, it will be relevant to find out what, if any, transition-related medical care he or she has accessed. It is important to approach this question with sensitivity. We suggest that you tell your client that you understand the personal nature of the question while assuring him or her that the answer is relevant to the ability to obtain a court order recognizing a change of gender (if possible in your jurisdiction) and ability to have the correct gender demarcation on the immigration identity documents.

California provides forms for petitioners requesting court orders recognizing change of gender: the NC 200 series of forms for change of name and gender, and the NC 300 series for change of gender only. [15]

In addition to the proper forms, the petitioner must submit supporting documentation showing that he or she meets the surgery requirement. This can be achieved with a declaration from a surgeon who performed the surgery that altered a sex characteristic, or by a physician who has performed a physical examination and can attest that such surgery has occurred. Sample declarations are provided in Appendix B. [16]

Once an individual has obtained a court-ordered gender change, he or she should be able to obtain state-issued identity documents, such as a driver’s license or identification card in the corrected gender. It also may be possible to have an amended birth certificate issued by the home state by presenting the court order. [17]For U.S.-born transgender people who wish to sponsor a foreign-born spouse for immigration benefits, it can be crucial to have a birth certificate in the corrected gender, as some states require applicants for marriage licenses to furnish a birth certificate. [18]

USCIS often requires that noncitizens submit amended birth certificates from their countries of birth. Information regarding obtaining amended birth certificates from foreign countries is beyond the scope of this guide.

If a foreign national can show that obtaining an amended birth certificate reflecting a change of gender is not possible in his or her country of birth, he or she may be able to overcome this requirement. For example, in In re Ahmad, [19]a Singaporean transgender woman was unable to obtain an amended birth certificate because Singapore only amends birth certificates if there was a typographical error at birth. However, because she was able to obtain a passport reflecting her female gender, the Bureau of Immigration Appeals (BIA) found that her female gender had been sufficiently recognized by her government for the U.S. government to also recognize her gender as female.

If the applicant obtained identity documents from DHS prior to changing his or her name and/or gender, he or she will have to apply to have these documents re-issued to reflect the corrected name and gender. As discussed below, USCIS offers very limited guidance regarding its requirements in this area.

While almost all of immigration law is derived from statute and implementing regulations, the law is silent regarding transgender issues generally, and name and gender changes specifically. The only DHS guidance offered in this area is a memorandum that William Yates, Associate Director for Operations at USCIS, issued on April 16, 2004 (hereinafterYates Memo). [20]The Yates Memo was issued primarily to set forth DHS policy on recognition of marriages involving a transgender individual; [21]however, it also laid out DHS policy for issuance of identity documents to transgender foreign nationals. There are several BIA decisions concerning marriage-based petitions involving a transgender person that touch on the issue of identity documents. [22]

In the Yates Memo, it seems that USCIS recognized that transgender individuals had some rights (to identity documents that reflect their outward appearance) while simultaneously refusing to recognize other rights (recognition of marriages involving transgender individuals.) The Yates Memo states that “[a]ny documentation (whether original or replacement) issued as a result of adjudication shall reflect the outward, claimed and otherwise documented sex of the applicant at the time of [US]CIS document issuance.” [23]Despite this broad statement, many USCIS personnel have interpreted the Yates Memo to allow correcting the gender marker on documents only for transgender immigrants who have undergone “sex reassignment surgery.” USCIS personnel support this interpretation by the Yates Memo’s sole example of an appropriate context to issue identity documents in the corrected gender as:

An alien with an approved Form I-140 (Immigrant Petition for Alien Worker) and Form I-485 (Application to register Permanent Residence of Adjust Status) who underwent sex reassignment surgery shall be issued a Form I-551 (Permanent Resident Card) reflecting the claimed sex of the alien at the time of issuance (provided, of course, that the alien submits appropriate medical and other documentation establishing the alien’s new claimed gender and legal name.) [24]

While the Yates Memo offers a broad and rational policy for issuing and correcting identity documents—reflecting the applicant’s outward appearance—the Memo restricts the ability to do so to those who can submit “appropriate medical documentation.” Further, USCIS personnel interpret the Yates Memo to require complete sex reassignment surgery (SRS), even though this requirement does not comport with the stated rationale of having gender markers align with the individual’s outward appearance. [25]At the time of this publication, DHS officers have not been trained in policy, and inconsistent results are common.

The Yates Memo does not take into account the fact that transition is different for each individual. Rather, the Memo operates under the common misconception that there is one surgery that transgender people universally undergo. The reality is that while some people may undergo one or many surgeries as part of their transition, many do not. People may either choose to not have any surgeries, or they may be unable to afford costly procedures. Also, it is quite likely that the Yates Memo would be interpreted by immigration officials to mean that a transgender immigrant must undergo genital surgery to meet this standard. This is particularly burdensome for many transgender men who choose to undergo chest surgery, but choose not to have genital surgery.

Practice Tip: One option is to work with the applicant’s medical professional to craft a letter that meets the standard set out in the Yates Memo in a truthful way, while taking into account the applicant’s personal transition. For example, if the foreign national is a transgender man who has had chest surgery and does not plan on having any other surgeries, it may be possible to obtain a letter from his doctor stating that he has undergone surgery and his transition is complete. Such a letter would reflect the fact that the applicant’s personal transition is complete, and meet the standard presumably set forth in the Yates Memo.

In fact, in one nonprecedential Board of Immigration Appeals (BIA) decision involving a marriage-based petition, the board accepted that the husband was male although he had not undergone genital sex reassignment surgery. In In re Oren, [26]the transgender spouse was a USC who was born in Michigan. Michigan issued a birth certificate reflecting his male gender based on medical evidence that he had a mastectomy but had not undergone genital surgery, and the BIA recognized his gender and marriage to a biologically born female from Israel. Although this case does not directly involve the issuance of identity documents to a transgender noncitizen, it does suggest that the BIA is willing to accept proof of gender identity other than “complete” sex reassignment surgery.

A transgender individual who has legally changed her name and/or gender should be able to obtain documents from USCIS that match her legal name and gender. This can be done either at the time a USCIS document is first being issued (for example, a person’s first “green card,” employment authorization document, or naturalization certificate), or by applying to have the identity document reissued to correct the name and/or gender marker.

Whether seeking to correct a name, gender marker, or both, the applicant should be prepared to submit supporting documentation. Correcting a name on a USCIS-issued identity document is relatively uncontroversial. The applicant should submit the court order showing that the name has been legally changed along with the application form to USCIS.

For example, Form I-90 is the application form to replace a foreign national’s “green card.” USCIS instructions with the form provide that a foreign national can use the form to change biographical information. The instructions state:

Note: If you are filing because your biographic data (Name, Date of Birth, etc.) has been legally changed, then you must bring one of the following to your in-person appearance appointment at the Application Support Center: • the original or certified copy of a court order making the legal change; or • the marriage certificate reflecting the new name; to replace a card because of a change in any other biographic data, you must bring copies of documentation to prove that the new data is correct. [27]

Although these instructions do not specify that change of gender marker would be another biographic datum that could be corrected, the instructions do at least broadly state that the form may be used for “a change in any other biographic data” provided there is appropriate documentation submitted.

Practice Tip: Although your transgender client may feel the need to be discrete about the fact that he or she is transgender, when you correspond with USCIS, you should be explicit and address your client’s transgender identity directly. You should assume that the officer who receives your application will not be familiar with transgender issues, so you should spell out the issues in the application as clearly as possible. This is your opportunity to set the tone for the interaction and use proper terminology and provide a model of cultural competence.

For example, you could write, “I hereby submit Form I-90 to change the name and gender marker on the I-551 (green card) for my client Felicity Marquez. Ms. Marquez is a transgender woman. She received her legal permanent residence through her mother at the age of 12 in her birth name, “Julio Marquez,” and in the male gender. Last year, Ms. Marquez obtained a court order legally changing her name from “Julio” to “Felicity.” (See attached document.) Ms. Marquez also has undergone complete sex reassignment surgery (See attached letter from Dr. Smith) and is now living her life as a woman ... .”

Likewise, USCIS has a specific form that can be used, among other reasons, to change biographic information on a naturalization certificate, Form N-565. The instructions to this form state, “If you are applying for a new document because your name has been changed, you must submit the original CIS (or former INS) document and a copy of the marriage certificate or court order showing the name change.” [28]

Practice Tip: It is worth noting that these instructions do not state the uses of the form as broadly as the I-90 instructions do. On one occasion, an Immigration Equality client’s application to amend the gender on her naturalization certificate was rejected by USCIS with a statement that the form could only be used to change her name, not her gender. That denial is currently being appealed.

Since lawful permanent residence and U.S. citizenship are the primary permanent immigration statuses in the United States, these are the two forms that a foreign-born transgender client would be most likely to use to replace permanent identity documents issued by USCIS. A foreign national who is in the United States with some long-term, nonpermanent status will most likely be using an employment authorization document (EAD) as a primary form of identification. Since these must generally be renewed each year, the client can simply wait for the next EAD renewal to submit evidence of the name change.

Although asylees have permanent status in the United States, they are not issued any photo identification card indicating that they have asylum status. Instead, they are given an I-94 card (a small, white card without a photo) and they will have either an approval letter from the Asylum Office or a favorable decision from an immigration judge. Since asylees can apply for LPR status one year after winning asylum status, it is probably best to wait until this application to submit evidence of a name and/or gender change.

The naturalization application form includes a question about whether the applicant wishes to legally change his or her name. [29]This provision may be a relic from the times when new USCs might have felt pressured to “Americanize” their foreign-sounding names as a final step in becoming truly “American.” The Guide to Naturalization states:

Congress did not give USCIS legal authority to change a person’s name when that person naturalizes. Therefore, there are only two ways that USCIS can issue your Certificate of Naturalization under a new name:

2. If you are going to take the Oath of Allegiance at a Naturalization Ceremony that is held in Court, you may ask the Court to change your name. If the Court grants your request, your new name will appear on your Certificate of Naturalization. [30]

Thus, if local practice is to hold naturalization oath ceremonies in court (as opposed to in USCIS offices or elsewhere), it may be possible for an applicant to lawfully change his or her name as part of the naturalization process. The applicant should be made aware, however, that he or she may have to discuss his or her transgender identity in the courtroom before those present, including USCIS personnel and/or a federal judge.

Although it should be completely straightforward to re-issue an identity document with a new name and/or gender, especially if the application falls clearly within the guidelines of the Yates memo, in practice, these applications may be delayed for many months or even years. If the re-issuance of the documents is delayed longer than a few months, the practitioner should follow up aggressively (but politely) with USCIS. This follow-up process should include making an InfoPass appointment; writing to the officer’s supervisor; and, for American Immigration Lawyers Association (AILA) members, accessing the AILA liaison committee in districts where this is available. [31]

Generally, the Administrative Appeals Office (AAO) of USCIS hears appeals of denials of the re-issuance of an identity document. The appeal is filed with the district director of the office that denied the appeal. It is possible that by filing the appeal, the district director will change the decision. If not, the file will be forwarded to the AAO for a decision and the appeals process could last several years. If the applicant’s application to re-issue the documents clearly falls within the parameters of the Yates Memo, the practitioner may consider filing a mandamus action to force the AAO to issue a decision.

It is possible to change one’s name and gender on one’s passport. Currently, the standard for changing a gender marker on a passport is more clearly defined than the standard for immigration documents (including amending naturalization certificates). Thus, for naturalized

U.S.

citizens (USCs) who wish to have a widely accepted government-issued document that reflects their corrected gender, it may be easier to focus first on obtaining a corrected

U.S.

passport rather than getting a corrected naturalization certificate.

As in other contexts, changing an individual’s name is generally less controversial and more straightforward than changing a gender marker. The procedure varies slightly depending on whether the individual has had a court-ordered name change.

If a person has obtained a court-ordered name change within one year of the date that the passport was issued, he or she can change his or her name on the passport quite simply. A completed DS-5505 form must be submitted along with supporting documentation, including a certified copy of the court-ordered name change. [32]

It also is quite simple to change the name on a passport that was issued prior to one year before the application is made. An applicant must submit a complete DS-82 form along with supporting documentation, including a certified copy of the court-ordered name change. [33]

It also is possible for an applicant to change his or her name on the passport without obtaining a court-ordered name change. This process must be completed in-person at a U.S. Passport office. The applicant must submit a DS-11, and an application for a new passport. This process requires the applicant to prove his or her identity with supporting documentation.

In order to change a name without a court order, the passport agency requires that the applicant has used the new name consistently for the past five years. The agency requires the applicant to present at least three official documents that show that he or she has been using his or her new name for this time period. Acceptable documents include, but are not limited to: tax documents, driver’s licenses, school records, etc. Additionally, at least one form of documentation must connect the applicant’s old name to the new name. An example of this kind of documentation would be some sort of record that includes both birth name and new name, such as social security records.

While it is unclear if an official policy exists, the passport agency appears to require that a person prove that he or she has undergone sex reassignment surgery before the agency will change the gender marker. Generally, a surgeon’s letter is sufficient proof, but occasionally, the agency has required an individual to provide actual hospital records and/or further medical evidence. Additionally, transgender people applying for a change of gender on their passports have been rejected for failing to prove that sex reassignment surgery is “complete.”

Practice Tip: As discussed in Chapter One, the concept of “completed” sex reassignment surgery does not adequately reflect the lives of many transgender people. Therefore, it is advisable to work with your client’s doctor to craft a truthful letter that reflects your client’s personal transition. [34]

In the past, the passport agency would change the gender marker and issue a one-year passport if the applicant did not yet have a surgeon’s letter. The purpose of this policy was to allow a transgender person to travel overseas for surgery by using a passport that reflected his or her outward identity. People had mixed experiences with this practice. Some were given an extension on the one-year passport (sometimes multiple extensions) while others were denied an extension and their passport would be reissued with their birth-identified gender marker.

Currently, the agency seems to be refusing all requests to extend the one-year passport and will only issue a passport with the gender marker that matches the applicant’s gender identity after supplying proof of surgery. This means that people who have not had surgery can only get a passport with a correct gender marker for one year.

Traveling with a passport with the wrong gender marker on it (for instance, someone who is FTM traveling with a passport that has an “F”) can be extremely anxiety-producing and raise valid concerns about safety and discrimination. It is advisable for a transgender person traveling with a passport that does not reflect his or her identity to bring a doctor’s letter documenting the transgender status.

Back to Table of Contents

^{^[1]}See chapter 6 infra for more information on detention issues faced by transgender noncitizens.

^{^[2]}See Application of Ferner, 685 A.2d 78 (N.J. Superior L. 1996).

^{^[3]}Note, however, that some courts have ruled, such as New York City lower courts, that a transgender individual must submit medical evidence that the applicant is actually transgender. Otherwise, one court has held, “without such supportive evidence, the change of name from a ‘male’ name to a ‘female’ name would be fraught with danger of deception and confusion and contrary to the public interest.” Application of Anonymous, 587 N.Y.S.2d 548 (N.Y. City Civ. Ct.,1992).

^{^[4]}See Application of Smulevitz, 224 P.2d 911 (Cal. App. 2 Dist. 1950).

^{^[5]}See Application of Pirlamarla, 504 A.2d 1238 (N.J. Superior L. 1985).

^{^[6]}California Code of Civil Procedure §1275, et seq.

^{^[7]}Transgender Legal Issues, a publication of Gay & Lesbian Advocates and Defenders, January 2008 available at www.glad.org/rights/Transgender_Legal_Issues.PDF.

^{^[8]}18-A MRSA §1–701.

^{^[9]}Id.

^{^[10]}57 Am. Jur. 2d Name §31. Nonetheless, some lower courts have required a transgender person to “prove” through medical and/or psychiatric evidence that he or she really is transgender in order to obtain a court-ordered name change. See In re Bobrowich, 2003 N.Y. Slip Op. 50025(U) (NY City Civ.Ct., 2003); In Re Maloney, Not Reported in N.E.2d, 2001 WL 908535 (Ohio App. 12 Dist.); In re Harris, 707 A.2d 225, (Pa. Super., 1997); Application of Anonymous, 587 NYS.2d 548, (NY City Civ.Ct.,1992).

^{^[11]}For specific information regarding each state, see Appendix A, State Law Regarding Birth Certificates and Court Orders.

^{^[12]}See Definition of Marriage Is State-Based section infra chapter 4.

^{^[13]}CA Health and Safety Code §103425, et seq.

^{^[14]}Id.

^{^[15]}The forms are available at www.courtinfo.ca.gov/forms/.

^{^[16]}See Appendix B, Model Physician Declaration—Court Order.

^{^[17]}See chart at Appendix A, State Law Regarding Birth Certificates and Court Orders .

^{^[18]}See Cases Where It Is Not Possible to Obtain a Corrected Birth Certificate section infra chapter 4.

^{^[19]}In re Ahmad, A96-609-556, 2007 WL 3301748 (BIA Sept. 26, 2007), unpublished.

^{^[20]}Published on AILA InfoNet at Doc. No. 04080367 (posted Aug. 3, 2004); see Immigration Equality, www.immigrationequality.org/uploadedfiles/Yates%20april%2004%20trans%20marriage.pdf .

^{^[21]}See discussion of Yates Memo infra.

^{^[22]}See discussion on In re Lovo-Lara, In re Widener and In re Ahmad infra chapter 4.

^{^[23]}See Yates Memo, published on AILA InfoNet at Doc. No. 04080367 at 1.

^{^[24]}Id. at 3.

^{^[25]}Obviously, in determining a person’s gender in a casual encounter, most people rely on facial features, hairstyle, attire, and secondary sex characteristics such as facial hair and breast development, rather than genital anatomy.

^{^[26]}In re Oren (In re Oren I), A79-761-848, 2004 WL 1167318 (BIA 2004); In re Oren (In re Oren II), A79-761-848, 2006 WL 448282, (BIA 2006).

^{^[27]}See Appendix F, Form I-90, Application to Replace Permanent Resident Card (with instructions).

^{^[28]}See www.uscis.gov/files/form/N-565instr.pdf.

^{^[29]}See Part 1 Question D of N–400, available at www.uscis.gov/files/form/N-400.pdf.

^{^[30]}See A Guide to Naturalization, at 11, available at www.uscis.gov/files/article/M-476.pdf.

^{^[31]}A full description of each of these steps follows in the Application Process section infra chapter 4.

^{^[32]}The DS-5505 forms, along with instructions, are available at http://travel.state.gov/passport/
forms/forms_847.html.

^{^[33]}The DS-82 forms, along with instructions, are available at http://travel.state.gov/passport/
forms/forms_847.html.

^{^[34]}See Appendix D, Model Surgeon Declaration—Court Order.