- USCIS has updated its policy on marriage recognition for asylum seekers and refugees.
- The change affects how marriages are recognized in the context of asylum and refugee applications.
- This policy shift aims to provide clearer guidelines and support for individuals seeking asylum or refugee status.
The United States Citizenship and Immigration Services (USCIS) has introduced a major change to its policy regarding marriage recognition for asylum seekers and refugees.
New Rule Effective July 3, 2025
Beginning July 3, 2025, USCIS will only acknowledge civil marriages that are legally registered when assessing derivative applications for immigration benefits tied to asylum or refugee status. This change could notably affect applicants from countries where marriages are frequently conducted through traditional or religious customs without civil registration.
What the Policy Entails
In its revised Policy Manual, USCIS now mandates that, to qualify for immigration benefits, a marriage must be legally valid in the place it was performed.
“We are revising guidance in Volume 4 of the USCIS Policy Manual concerning valid marriages involving a principal refugee or asylee and their spouse,” the agency stated. “From now on, only marriages that are legally recognized by the jurisdiction in which they were performed will be accepted for immigration purposes.”
This means that customary or religious marriages not formally recorded under civil law will no longer meet the standard required for spousal immigration through asylum or refugee status.
The new requirement will apply to all applications filed on or after July 3, 2025, including those that are already submitted but still under review.
Who Is Most Affected?
The policy change is expected to significantly impact the following groups:
- Principal Asylees and Refugees: Individuals who have already received U.S. protection and wish to sponsor their spouse.
- Derivative Spouses: People applying to immigrate based on their marriage to a refugee or asylee.
- Applicants from Countries with Non-Civil Marriage Traditions: Particularly from nations such as Nigeria, India, Uganda, Somalia, and Afghanistan, where many unions occur through religious or cultural rites without formal legal registration.
Rationale Behind the Update
USCIS said the revision brings its policies in line with existing legal interpretations and aims to uphold the integrity of the immigration system by minimizing fraudulent marriage claims.
The agency also pointed to broader administrative goals, noting alignment with directives under the Trump administration, such as Executive Order 14148, which revoked earlier immigration policies, and Executive Order 14163, which outlines a new approach to refugee admissions.
Guidance for Applicants
USCIS encourages individuals planning to file spousal-based asylum or refugee applications to take the following steps:
- Ensure their marriage is registered under civil law and obtain a government-issued marriage certificate.
- Confirm that the marriage is considered legally valid in the jurisdiction where it took place. In some countries, it may be possible to register a customary marriage retroactively.
- Gather and submit additional proof of a genuine marital relationship, such as evidence of living together, joint assets, children, or shared financial accounts.
By complying with these updated requirements, applicants can improve their chances of successful immigration processing under the new rules.
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