Family & childrenPOLICY UPDATE
Family-Based Immigration: Spousal Petitions
U.S. Citizenship and Immigration Services (USCIS) is issuing guidance in the USCIS Policy Manual on qualifying spousal relationships for purposes of family-based immigrant visa petitions under the Immigration and Nationality Act (INA).
Effective date and application
This guidance, contained in Volume 6 of the USCIS Policy Manual, is effective immediately
Key changes
- U.S. Citizenship and Immigration Services (USCIS) is issuing guidance in the USCIS Policy Manual on qualifying spousal relationships for purposes of family-based immigrant visa petitions under the Immigration and Nationality Act (INA).
- Defines spouse and the types of marriages that may be recognized under U.S. immigration laws and provides guidance on certain marriages, including marriages involving minors, marriages that violate public policy, and proxy marriages.
- Provides that a virtual marriage is subject to the same requirements, including the place of celebration rule, as all spousal cases, regardless of state-specific provisions on virtual marriages.
- Provides that same-sex marriages are subject to the same requirements, including the place of celebration rule, as all spousal cases.
- Incorporates existing guidance on general eligibility criteria, filing and documentation requirements, and how USCIS adjudicates spousal immigrant petitions, including when an interview may be appropriate.
- Provides that petitioners must demonstrate that a marriage is bona fide prior to petition approval to enhance fraud screening and ensure benefit integrity.
- Explains the statutory bar to petition approval where the alien previously entered into, or attempted or conspired to enter into, a marriage for the purpose of evading immigration laws.
- Provides that certain aliens who file frivolous asylum applications are permanently ineligible for immigration benefits.
