In June 2025, USCIS updated its Policy Manual to tighten the definition of valid marriages for asylum and refugee cases. Under the new rules, only unions that are legally recognized where they occurred will be accepted for derivative and adjustment-of-status benefits—unregistered, traditional, or proxy marriages are no longer eligible unless they meet local legal standards and are consummated after proxy ceremonies. This policy, effective March 3, 2025, applies to both new and ongoing applications
What Is the New USCIS Policy?
USCIS will only acknowledge marriages between a principal refugee or asylee and their claimed spouse if the marriage is legally valid in the country or jurisdiction where it was celebrated, effective July 3, 2025. In other words:
For immigration purposes to the United States, customary, traditional, or religious marriages that are not legally recognized under local law will no longer be accepted. This regulation pertains to:
- New applications submitted on or after July 20, 2025
- All applications that are currently under evaluation that are pending
Who Is Affected by This Change?
This policy directly affects:
1# Principal Refugees and Asylees: Individuals who have been granted refugee or asylum status in the United States and wish to bring their spouse as a derivative beneficiary.
2# Derivative Spouses: Individuals who are being claimed as the legal spouses of principal applicants and are seeking to migrate under U.S. humanitarian protection laws.
3# Applicants from Regions with Non-Civil Marriages: This is particularly relevant for individuals from countries or cultures where marriages are performed by community leaders, religious figures, or traditional customs, but are not legally registered under the state’s civil law system.
Why Is USCIS Making This Changes:
1 Legal Consistency: The revised guidance aligns USCIS policy with the established case law of the Board of Immigration Appeals (BIA) and the long-standing adjudication practices.
2# Fraud Prevention: The clarification of the definition of a valid marriage is instrumental in the prevention of fraudulent claims, including falsely asserted spousal relationships.
3# Compliance with The Biden Administration’s Directives: The action is consistent with:
- Executive Order 14148: Rescinds harmful immigration orders from previous administrations.
- Executive Order 14163: Realigns the U.S. Refugee Admissions Program to reflect humane, legal, and inclusive values.
Why This Matters to the Global Community?
In many parts of the world, couples are considered married by community standards even if they haven’t gone through civil registration. These forms of union—while culturally valid—may not satisfy USCIS’s legal definition of marriage moving forward.
For example:
- Customary marriages may not be routinely registered with the state in Nigeria, Uganda, or India.
- Religious leaders frequently execute marriages in Afghanistan or Somalia without formal documentation.
- Access to marriage registration offices may be restricted or nonexistent in rural areas.
Now, without a civil marriage certificate, these unions may not be eligible for U.S. immigration sponsorship through asylum or refugee channels.
Check Also: UK Family Visa – A Deep Dive into the New Minimum Income Rules
What Should Applicants Do?
If you plan to apply for derivative refugee or asylee status based on marriage, here’s what you need to do:
Register Your Marriage Under Civil Law: Regardless of whether you have had a religious or customary ceremony, it is crucial to ensure that your marriage is registered with your local government and that you have a valid marriage certificate.
Verify Local Laws: Ensure that the country in which your marriage was performed recognizes it as legal. Retroactive registration or recognition options may be available in certain jurisdictions. 3# Accumulate Documentation: Prepare to submit official documents that demonstrate the legal validity of your marriage, such as:
- Civil marriage certificate
- Registration documents issued by the government
- Evidence of shared responsibilities and a shared existence.
References
Frequently Asked Questions:
Why is USCIS making this change?
USCIS states the update aligns with:
Long-established BIA (“place-of-celebration”) case law,
U.S. Executive Orders regarding refugee program integrity (EO 14148 & EO 14163)What types of immigration benefits are affected?
This applies to:
Derivative spouse benefits on I‑730 Refugee/Asylee Relative Petitions
Adjustment of Status (Form I‑485) based on derivative status
Any green card applications for refugees/asylees that involve marital relationship to a refugee or asyleWhich marriages are now excluded?
Religious/traditional ceremonies not registered with civil authorities
Proxy marriages (if not consummated in person afterward)
Marriages that are illegal or against U.S. public policy, including polygamy, incest, or minors
