By Maria Campbell
USCIS now requires marriages between principal refugees or asylees and their spouses to be legally valid in the country where they were performed. This change marks a significant shift in how derivative refugee and asylee petitions will be adjudicated moving forward. This guidance is effective March 3, 2025, and applies to requests pending or filed on or after that date.
What Changed?
On March 3, 2025, the U.S. Citizenship and Immigration Services (USCIS) updated its Policy Manual to clarify that any marriage between a principal refugee or asylee and their claimed spouse must be legally valid under the laws of the jurisdiction where the marriage took place. If the marriage is not legally recognized in that jurisdiction, it will not be accepted for U.S. immigration benefits.
This policy applies to all Form I-730 Refugee/Asylee Relative Petitions that are pending or filed on or after the effective date.
Why Is This Important?
USCIS’s updated guidance aligns with longstanding Board of Immigration Appeals (BIA) case law, but it removes any ambiguity or room for discretion when it comes to recognizing certain marriages—especially religious or customary unions that may not be registered with a civil authority.
This new standard also mirrors the goals of Executive Order 14148 and Executive Order 14163 issued by President Trump, which aim to impose stricter oversight on humanitarian-based immigration pathways and reinforce the integrity of the U.S. Refugee Admissions Program.
Key Impacts for Refugees, Asylees, and Their Families
- Stricter Legal Standards
- All marriages must now be proven legally valid under local law. It’s not enough that the couple considers themselves married or that the union is recognized within their community or faith tradition.
- No More Gray Area for Customary Marriages
- In many countries, especially in Africa, Asia, and the Caribbean, couples are customarily married through family or tribal ceremonies without formal government registration. Under the new rule, these marriages may no longer qualify unless they are recognized as legally binding by the local government.
- Implications for Derivative I-730 Petitions
- If a marriage isn’t considered valid in the country where it was performed, the derivative spouse will not qualify for an I-730 petition—even if the relationship is bona fide in every other respect.
What This Means for Practitioners and Applicants
If you are an immigration attorney, advocate, or petitioner, this new rule should prompt an immediate review of your case files.
Practical Tips:
- Check Local Marriage Laws: Confirm whether the marriage is recognized as valid where it occurred.
- Obtain Legal Marriage Certificates: Submit certified government-issued marriage documents with I-730 petitions.
- Avoid Informal or Customary Unions: Unless recognized under local law, these will no longer suffice.
- Re-marry if Needed: In some cases, couples may need to legally re-marry in a civil ceremony to satisfy the new requirement.
USCIS’s Motivation: “Uniformity and Integrity”
USCIS stated that this update “aligns our policies with Executive Orders and clarifies the standards needed to protect the integrity of the immigration system.” In short, the Biden-era flexibility around informal marriages is now over. The federal government is clearly moving toward a uniform, law-based adjudication standard—one that leaves little room for discretion or cultural context.
Final Thoughts
This may seem like a technical policy update, but the implications are deeply personal and far-reaching. Families separated by war, persecution, or political unrest now face higher hurdles to reunification if their marriage doesn’t meet new legal thresholds.
If you’re a principal refugee or asylee, or if you assist such individuals, it is critical to understand these changes and prepare accordingly. Ignorance of the new rule could mean denial of a family-based petition and permanent separation.
Need Help?
If you or someone you know is filing a Form I-730 or preparing supporting documents for a refugee or asylee family petition, now is the time to double-check your marriage’s legal status in the country where it occurred. Contact an experienced immigration attorney for guidance tailored to your case. Call 855-768-8845 or visit www.askthelawyer.us to schedule a consultation now. Immigration law is complex and dynamic. The lawyer you hire does make a difference!