USCIS Clarifies Marriage Validity for Refugees and Asylees
What Happened
On June 24, 2025, U.S. Citizenship and Immigration Services (USCIS) issued Policy Alert PA-2025-11, providing clarification on how officers should evaluate the validity of marriages for refugees and asylees when determining eligibility for immigration benefits. The updated guidance is incorporated into the USCIS Policy Manual Volume 4. This updated guidance is to be applied on both pending and future cases, effective as of March 3, 2025.
What Changed
The update makes clear that the validity of a marriage is generally determined by the law of the place where it was celebrated. In 2022, under the Biden administration, informal marriage guidance reinstated and expanded the policy to allow recognition of informal marriages when a refugee or asylum could not legally marry due to circumstances beyond their control. The June 2025 update signals a shift back toward the approach of the first Trump administration, emphasizing recognition of marriages based on formal legality in the place of celebration.
Why It Matters
This update applies in cases where refugees and asylees were unable to comply with local marriage formalities due to displacement, conflict, or other humanitarian circumstances—situations in which many refugees lack legal documentation of their marriage. For instance, in 2015, the International Human Rights Clinic and NRC interviewed 51 married refugee couples in northern Jordan and found that roughly half had never formally registered their marriages in either Syria or Jordan. Similarly, in Lebanon, an NRC survey of 1,706 refugees who married there revealed that only 206 had obtained an official marriage certificate, and even fewer had completed registration with the Lebanese government.
Under the update, applicants must demonstrate that their marriage was legally valid in the jurisdiction where it was celebrated. This requirement has significant implications for refugees and asylees, many of whom were unable to complete formal marriage registration. For these individuals, the inability to obtain official certificates may lead to denials of family reunification petitions. The update also has important consequences for LGBTQ refugees and asylees. In many countries of origin and countries of first asylum, same-sex marriages are not legally recognized or are prohibited. Without explicit consideration of these barriers, adjudications may exclude LGBTQ applicants from family-based immigration benefits.
By clarifying that officers may evaluate credible alternative evidence of a bona fide marital relationship, the policy provides a pathway for these individuals to establish eligibility despite the absence of legal recognition in their home jurisdictions.
Broader Significance
This policy update impacts not only refugee and asylee family reunification but also reflects broader trends in how USCIS administers humanitarian protections, particularly for Temporary Protected Status (TPS) beneficiaries. Recent developments illustrate this shift. On September 19, 2025, Secretary Noem announced the termination of TPS for Syria. She also determined that Venezuela no longer met the conditions for TPS, requiring termination of the 2023 designation. However, a U.S. District Court judge in California blocked this termination on September 5, 2025, allowing the 2023 designation to continue despite a prior 8‑1 Supreme Court ruling favoring DHS; the Department is currently seeking relief. Separately, the termination of Venezuela’s 2021 TPS designation is scheduled to take effect on November 7, 2025.
Monitoring upcoming TPS reports for 2024 and 2025 will be essential. As shown in Figure 1, the total number of TPS beneficiaries has steadily increased since 2020, reflecting both expanded country designations and re-designations. However, given recent policy shifts and ongoing legal challenges, we expect a potential downward trend in total TPS beneficiaries in the near term, suggesting that humanitarian-based programs may be more limited compared with the significant expansions observed since 2020.
Comparing TPS trends with refugee and asylee family reunification data provides insight into the overall trajectory of U.S. humanitarian protections and helps assess whether trends of increased need and recognition continue. Observing these developments offers a clearer picture of how U.S. immigration policy is adapting to ongoing global displacement and instability.