Why can't people see me as a woman

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Originally Posted by Hankgray

I am going to throw my 2 cents in, and before I do, let me be clear, I am not justifying the action of the INS agent in any way. You mention the superior court of California approved the name and gender change. If this is a state court as opposed to a federal court, INS may view their rulings as inmaterial due to jurisdicational reasons. Since INS is a federal agency it may require a change in federal court to satisfy INS. I don't know for sure, but I have dealt on numerous occasions with federal agencies (Justice, EPA, DOE, DOD) and there is the anti-state bias. Again, that does not justify their actions.

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The feds are supposed to rely on the state documents when it comes to stuff like legal name changes. There's no such thing as a legal name change in federal courts. There's no problems here over jurisdictions. But, if they require documents from the country of origin... and those documents are not consistent (differences in names, sex etc), that could easily pose problems in processing.

IDK what the procedure is when "the country you're immigrating from says you're John Doe and male, whereas the state of CA says your Jane Doe and female"- knowing immigration, I doubt its a contingency they planed for when they designed their procedures. Most people would simply never assume such a problem could arise.

What makes the situation confusing is we're also dealing with the state of CA, unlike most states where they have rules or policies defining legal sex status (i.e. texas goes by what chromosomes you have, NJ goes by whether or not you've had SRS, etc) CA has no such rules. You basically go in front of a judge at a hearing, present your case and the judge issues a court order proving your legal sex status- but it doesn't require SRS. But, if someone has had SRS- and can prove they had SRS, then they meet all the federal requirements for changing your sex on file with the feds. Homeland security will issue postops a female passport, SSA will update their databases- etc. I don't know if the feds (when dealing with US citizens) will care if CA has issued a gender change court order, but they will care that the individual had SRS and can prove they had SRS. Someone correct me if I am wrong here, but I seem to recall that the feds will even issue new documents for someone who cannot change their birth certificate (i.e. people born in Ohio). A postop born in Ohio can still get a female passport, can still get a femaler marker on their SSA database entry- because they can prove to the feds they've had srs.

The problem is when clerk's don't know what they're talking about/doing. This can go both ways, members here have reported getting female documents from states w/out SRS, using intentionally vague surgeon letters saying "feminization surgery" instead of "sex change surgery", but its the luck of the draw, not all clerks would fall for that... and some clerks would think that any time of gender change is impossible (Even when that's clearly not true).

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Originally Posted by Danielle Foxx

I would seriously contact her boss or the state attorney's office about your complaint.

Write a letter girl! Let them have it!

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Agreed! It was grossly inappropriate for someone to start asserting their views like that. What she said about it "not being real" has nothing to do with her job, and was an abuse of power.

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Originally Posted by Danielle Foxx

Wait girl... just wait ... you ca reapply and try again with a more open minded individual.

I would seriously contact her boss or the state attorney's office about your complaint.

Write a letter girl! Let them have it!

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The problem when re-applying is that the BCIS does keep records of everything. Meaning, past applications and reasons/grounds for denial on record. Her best bet is to consult her case with an immigration attorney (like someone has mentioned) and see if she can sue that girl and the BCIS for discrimination.

I have known post op girls who went back to the Philippines and have everything - Birth Certificate and passport sex forged/altered (paid huge amounts of money to individuals working at Department of Foreign Affairs who issues passport and Census who issues birth certificate. "Redtape" is very popular in the PI due to the country's poor economy. People are always looking to make a quick buck). So when they get married this wouldn't be a problem. My 2cent..

PS. I said forged because it's nearly impossible to go to census and have them legally change your BC after explaining to them you had srs. And likewise, go to Foreign Affairs and have them change sex on your passport. However difficult it seems, some post op ts have done it.

~Kisses.

HTG

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Originally Posted by alyssats

by the way I taught its allowed in the Philippines to change your gender from Male to Female also your name could be change but will be a long process go tru medical and supreme court. Many Filipina girls have successly change their papers from Male to Female from what I saw in the news in Manila.

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There have been cases where regional courts in the Philippines approved such changes only for this to be reject, often years later by the Supreme Court.

Trans individuals do not get to change their birth regisrtry entry (and so PI passport). Intersex can as long as they can prove a mistake has been made i.e. it's NOT a change of gender but correction of an inaccuracy in a record.

In JD's case I would check with a legal expert on US immigration to see what legal route should be applied and proceed from there.

In DF's case, I believe she was born in Brasil. I also believe Brasil allows change of birth certificate. So that would probably be change birth certificate first, then passport change should be straight forward.

Harajuku, that was an interesting link - thanks.

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Originally Posted by justatransgirl

No offense Hara, but for someone who wants to be legal here, forging the papers is not a good idea. All it would take is one problem to be permanently denied US citizenship. It's better to fight this through the court if necessary.

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Well I wasn't really saying Julianna should have forged her papers before she went and faced BCIS. But I was inciting that other post op transgenders from the Philippines (who now all live abroad) have (Yes it's not impossible). And they got married without much scrutiny with immigration because their papers were "consistent". But unfortunately right now, immigration 'thinks' she is marrying for citizenship (like most fixed marriages - which BCIS is cracking down) which hardly is the case.

Also, the Philippines despite being accepting of gays and transgenders still lives in the middle ages in terms of granting one to change his/her birth certificate/passport etc unlike here in the US. And I don't see that changing any time soon either. But there are ways around it. Is all. ;)

Oh and you're welcome T Oracle.

~Kisses.

HTG

I had a talk with my immigration lawyers and they said that it's totally fine if I had my sex written as Male. Although, they should have acknowledged my court order, my lawyers said. All I have to do is when I am scheduled for my interview next time is make sure I have all the important documents with me. I also hope that the immigration officer that would be interviewing us is not gender biased, a transphobic person or someone who's just close minded and prejudice.

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Originally Posted by FREEFALLL666

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Well first there is the whole USA = Biblebashers thing... To most getting a tattoo or a nose job is tampering with creation and you will be smited...

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What does this mean? Are you referring to Christian fundamentalists? Also, you say, to most getting a tattoo...." Again, to whom are you making reference? The same religious nuts you call Biblebashers? Or, are you calling everyone in the USA a Biblebasher? I don't think you can say "to most" since tattoos and comestic surgery are so popular in the US.

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Second the attitude displayed by other girls mainly those who say they want to be treated like any other girl but as soon as someone shows interest in a girl begining their transition they scream out in self hate "FAG"

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I have no idea what that's supposed to mean.

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Then there are those who go on Jerry Springer type shows and fuck up 95% of the efforts of other tgirls by whoring out their souls.. (Note I find Prostitution honorable) people who turn up on that show and say "Im really a MAN" should be called Sir/Mr forever...

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Times can rough for a person who routinely faces discrimination. A quick appearance on a freakshow like Springer might enable a person to do things they couldn't accomplish before.....like pay the bills. Whatever the moral costs of such a foray, the price must be paid by the person involved and no one else. You seem to point your finger at the victim instead of society's prejudices that force people to make decisions they might not have to if we were truly living in a free society. Also, saying you think prostitution is honorable is also curious since it forces people in dangerous situations where their mental health, physical health, spiritual well-being and legal standing in the communities in which they live are all under constant attack. Honorable? When the girls are put at such a risk?
You can acknowledge some must do whatever it takes to survive and thrive but until the real root of these troubles is confronted(IGNORANCE/PREJUDICE) the same shit will continue.



This is a recording. :2cent

Not wishing to pour yet more petrol on this fire, but:

There is a rather large school of thought that a birth certificate is just that, a document recording the true facts as they were known at the time. It is not a thing to be changed simply because events later in life cause such action to be wanted.

At the rate things are going in some areas of the United States one can have two "mothers" and or "fathers", along with a bewildering array of other choices that defy the laws of biology. Most if not all laws regarding such changes are made in view of making life for the "parents" of the child eaiser, much like the destruction or sealing of an adopted infants first and true BC, and the issuance of another listing the information of the adpotive parent or parents.

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Originally Posted by Shining Star

Not wishing to pour yet more petrol on this fire, but:

There is a rather large school of thought that a birth certificate is just that, a document recording the true facts as they were known at the time. It is not a thing to be changed simply because events later in life cause such action to be wanted.

At the rate things are going in some areas of the United States one can have two "mothers" and or "fathers", along with a bewildering array of other choices that defy the laws of biology. Most if not all laws regarding such changes are made in view of making life for the "parents" of the child eaiser, much like the destruction or sealing of an adopted infants first and true BC, and the issuance of another listing the information of the adpotive parent or parents.

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True facts as they were known at the time of my birth.

Someone did a quick look at the bits between my my legs and said something like "Congratulations! It's a boy."

It?

Congratulations? Because you mangaed not to produce a girl, but a boy?

If the entire human population managed to get born male, the human race would die out.

There's simple facts that you record at a child's birth. It's genitals look like IT is male. Or IT is female.

Chromosome test around birth? Nope!

SRY receptor test at birth? Nope!

CBX2 test at birth? Are you joking?

Simple. A birth certificate is where some adult looked at your genitals and said " IT'S A ...."