Humanitarian programsPOLICY UPDATE

USCIS Updates Guidance on Validity of Alien Refugee and Asylee Marriages

Compiled by TOP EASIER

We are updating guidance in the USCIS Policy Manual, Volume 4, on valid marriages between a principal asylee or principal refugee and their claimed spouse. Under the updated guidance, all marriages between principal asylees or principal refugees and their claimed derivative spouses must be legally valid under the law of the jurisdiction where the marriage was celebrated in order to be considered valid for immigration benefit purposes.

DHS Secretary Alejandro Mayorkas Participates in Naturalization Ceremony
Topic illustration · DHS Secretary Alejandro Mayorkas Participates in Naturalization Ceremony · Source and license

Effective date and application

This guidance is effective March 3, 2025, and applies to requests pending or filed on or after that date.

Key changes

We are updating guidance in the USCIS Policy Manual, Volume 4 , on valid marriages between a principal asylee or principal refugee and their claimed spouse. Under the updated guidance, all marriages between principal asylees or principal refugees and their claimed derivative spouses must be legally valid under the law of the jurisdiction where the marriage was celebrated in order to be considered valid for immigration benefit purposes. This guidance is effective March 3, 2025, and applies to requests pending or filed on or after that date.

This updated guidance is consistent with applicable Board of Immigration Appeals case law and other USCIS adjudications. It also aligns our policies with President Trump’s Executive Order 14148, Initial Recissions of Harmful Executive Orders and Actions , and Executive Order 14163, Realigning the United States Refugee Admission Program . The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance.

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