Policy Changes of “Validity of Alien Refugee and Asylee Marriages”

Policy Changes of Validity of Alien Refugee and Asylee Marriages

On June 24, 2025, USCIS announced policy changes for determination of validity of alien refugee and asylee marriages. This guidance is implemented due to Federal government wants to ensure program integrity and improve the detection of fraud, misrepresentation, national security threats, and public safety risks. According to 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 to be considered valid for immigration benefit purposes. This guidance was effective since March 3, 2025, and applies to all pending or filed on or after that date.

What is the general eligibility requirement?

An eligible petitioner may file the petition for their spouse and children by filing the Form I-730. The petitioner must file a separate Form I-730 for each qualifying family member. According to INA regulation, the petitioner must file Form I-730 within 2 years of the petitioner’s admission as a refugee or grant of asylum. The petitioner must submit evidence of the qualifying spouse or child relationship.

What evidence is needed for the Petition for a Spouse?

The spouse must be listed on the petitioner’s application for refugee or asylum status. Primary evidence for a petitioning spouse is generally a marriage certificate issued from the country where the marriage occurred and, evidence of the legal termination of previous marriages (if applicable), such as a divorce or death certificate.

What evidence is needed for the Petition for a child?

To be eligible to file for a child, child must be listed on the petitioner’s application for refugee or asylum status. Generally, to receive derivative asylum or refugee status, the child must be unmarried at the time of filing the Form I-730, and a child must be unmarried person under 21 years of age. Primary evidence for a petitioning parent on behalf of a child depends on whether the petitioner is the father or mother and whether the beneficiary child is a child born in wedlock, a stepchild, a legitimated child, an out-of-wedlock child, or an adopted child. Whether the child was born in or out of wedlock, primary evidence must include the child's birth certificate showing both the child's name and the petitioning father or mother’s name. If previous marriage occurred, the petitioning father must submit evidence of the legal termination of any prior marriages and the beneficiary (child’s) mother’s previous marriages, such as a dissolution or death certificate.

English translation documents are needed

The beneficiary must provide a certified English translation for any foreign language documents provided in support of the Form I-730 if the documents are not in English.

What areas will be scrutinized by USCIS?

The following conditions are examples but not an exhaustive list:

• The granted date of principal refugee or asylee case

• The filing dates for each qualifying family member within 2 years of the date on which the petitioner was admitted as a refugee into the United States, or the petitioner was approved as an asylee

• Evidence of the relationship between a petitioner and a qualifying family member

• The date the petitioner filed Form I-730

• The date USCIS adjudicates the Form I-730

• On the date the beneficiary is admitted into the United States, if the beneficiary resided abroad when USCIS approved the Form I-730

• Evidence of petitioner and spouse and their relationship (marriage certificate, divorce, death certificate)

• Evidence of petitioner and child and their relationship (child’s birth certificate and conditions of out-of-wedlock or out-of-wedlock)

Note: this information provided here is for general information and educational purposes only, and it does not constitute legal advice.

Ref: INA 101(a)(34); INA 101(a)(35); 8 CFR 103.2(b)(3)