The United States Citizenship and Immigration Services (USCIS) has announced a significant policy change affecting refugees and asylum seekers.
Effective July 3, 2025, the agency will only recognize legally registered civil marriages between principal refugees or asylees and their spouses when considering derivative immigration applications.
This shift could have far-reaching implications for applicants from countries where customary or religious unions are common.
New policy in focus
According to the updated USCIS Policy Manual, a marriage must be legally valid in the jurisdiction where it was celebrated to qualify for immigration benefits.
“We are updating guidance in the USCIS Policy Manual, Volume 4, on valid marriages between a principal asylee or principal refugee and their claimed spouse. Under 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 in order to be considered valid for immigration benefit purposes,” the statement noted.
This means that any union not formally registered under civil law, such as customary, traditional, or religious-only marriage, will no longer meet the criteria for U.S. asylum or refugee-related spousal sponsorship.
The policy applies to all new applications submitted from July 2025 and will also affect pending applications that have not yet been adjudicated.
Who will be affected?
This change will impact three major groups:
- Principal refugees and asylees: Those already granted protection in the U.S. and seeking to reunite with their spouse.
- Derivative spouses: Individuals applying for immigration as the legal spouse of a refugee or asylee.
- Applicants from regions with non-civil marriage systems: Especially those from countries like Nigeria, Uganda, India, Afghanistan, and Somalia, where unions often take place through traditional or religious ceremonies without civil documentation.
Why the change was made
The USCIS explained that the update aligns its policy with long-standing case law and administrative practices. It also aims to reduce fraud in the refugee and asylum system.
According to the guidance, the update promotes legal consistency and ensures that marriages used to confer immigration benefits are bona fide and legally recognized.
It also supports President Trump’s administration directives, such as Executive Order 14148, which rescinds immigration orders from previous administrations, and Executive Order 14163, which aims to realign refugee admissions with more humane and inclusive values.
What should applicants do?
USCIS advises prospective applicants to ensure their marriages meet civil legal standards. The agency recommends the following steps:
- Obtain a civil marriage certificate, even if a religious or traditional ceremony was already held.
- Verify the marriage’s legal status in the jurisdiction where it occurred. Some countries allow for retroactive civil registration of customary marriages.
Prepare supporting documents such as a government-issued marriage certificate and proof of cohabitation or shared responsibilities, including joint assets, children, or shared accounts.
