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My biggest concern is that my passport and my green card have photos of me taken before I transitioned. So I look pretty different from the person in those photos. I do have a drivers license that has photo taken recently with my legal name on it although it has an x for gender marker. I have my assigned gender at birth for all my other documents.

Can DHS deny my entry or even confiscate my Green Card using the excuse that the person in my ID isn’t me?

DavidRecallsMonica
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acornator
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2 Answers2

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You'll probably want to get actual legal advice on this, but:

Trump's new guidance is that people entering the US must have documentation which matches their assigned gender at birth. You've stated that you do, so this should not be a problem, although it would likely be wise to carry a birth certificate showing your gender at birth, just in case you need to demonstrate that your passport accurately reflects your gender at birth.

The second hurdle, though, is that you don't look like your passport photo anymore. This is much more subjective, but ultimately what immigration needs to do is ascertain whether you actually are the person presenting the documentation. If you can prove that you are the person your documents claim to be, they'll let you in; if you cannot, you'll be denied entry. To improve your odds you'll want to carry documentation attesting that you indeed live in the US (bank cards in your name etc), that explain the change in your appearance (documents about your transition), etc.

The safest option would be to get a new passport issued with your gender at birth and a passport photo that reflects your current appearance, which fulfills both requirements.

lambshaanxy
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To everyone stating "Seek legal advice...." Im sorry but ..This is kind of ridiculous ....of course they can. If someone looks nothing like they do in their photo ID, then by all means they should be denying that individual.

That's kind of their job to do such. To do anything other, would be entirely going against the principle behind using photo ID. It's not anything against individuals, it is simply just the fact that "Hey, this looks nothing like you whatsoever".

I'm most certain with all other supporting evidence maybe even some evidence on your phone or other showing proof you are who you are it would not be an issue. The best thing to do would be to get a current image taken and issue a proper identification.

This is the only surefire way to ensure allowed entrance at any place that requires such. Good luck!

L.Dutch
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