The United States Citizenship and Immigration Services (USCIS) has issued revised guidance to the USCIS Policy Manual, Volume 4, pertaining to the recognition of marriages between principal asylees or principal refugees and their purported derivative spouses. Effective March 3, 2025, for purposes of eligibility for immigration benefits, such marriages must be legally valid under the laws of the jurisdiction where the marriage was solemnized. This policy revision applies to all benefit requests pending or submitted on or after the effective date and is intended to harmonize agency practice with established precedent of the Board of Immigration Appeals (BIA), as well as with Executive Order 14148, Initial Recissions of Harmful Executive Orders and Actions, and Executive Order 14163, Realigning the United States Refugee Admission Program. The updated guidance supersedes all prior conflicting USCIS policy or interpretative materials.

Under this revised framework, USCIS will not accord derivative status based on a marriage unless said union is recognized as legally valid in the jurisdiction of celebration. Informal unions, cohabitation, or other non-legally binding arrangements shall not suffice to establish eligibility for derivative benefits under the Immigration and Nationality Act. Petitioners and beneficiaries are advised to ensure that their marital relationship is properly documented and compliant with the applicable legal standards. In cases where the legal validity of a marriage is in question, parties are strongly encouraged to seek competent legal counsel to determine their eligibility under the revised policy.

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USCIS Updates Guidance on Validity of Alien Refugee and Asylee Marriages | USCIS

USCIS Policy Alert Clarifying Refugee and Asylee Marriage Validity