USCIS Policy Alert Clarifying Refugee and Asylee Marriage Validity

U.S. Citizenship and Immigration Services (USCIS) issued updated guidance in its Policy Manual regarding when a valid marriage between a principal asylee or refugee and a derivative spouse has taken place. USCIS has generally followed the “place-of-celebration” rule established by the Board of Immigration Appeals (BIA) that requires the legal validity of a marriage to be determined by the law of the place where the marriage was celebrated to be valid for immigration benefit purposes. However, both historically and under recent guidance, USCIS interpreted the meaning of derivative spouse to permit the recognition of informal marriages in certain circumstances because a country of first asylum may not permit, or may deny individuals access to, marriage under its jurisdiction. 

As a result of Executive Orders 14148 and 14163, USCIS rescinded previous guidance and requires that marriages be legally valid under the law of the jurisdiction where the marriage was celebrated to be recognized for immigration benefit purposes, including for asylees and refugees. 

This guidance is effective as of 3/3/25 and applies to requests pending or filed on or after that date. Feedback is due by 7/24/25.