Tuesday, U.S. Citizenship and Immigration Services (USCIS) issued Policy Alert PA-2025-11, updating its guidelines for recognizing marriages of refugees and asylees seeking immigration benefits. The revised policy, effective retroactively to March 3, 2025, removes the prior exception for informal marriages and emphasizes adherence to the “place-of-celebration” rule.
The updated policy, detailed in Volume 4 of the USCIS Policy Manual, states that, “In general, the legal validity of a marriage is determined by the law of the place where the marriage was celebrated (‘place-of-celebration rule’). Under this rule, a marriage is valid for immigration benefit purposes where the marriage is valid under the law of the jurisdiction in which it is performed.”
The new policy clarifies that the legal validity of a marriage for immigration purposes is determined solely by the laws of the jurisdiction where the marriage occurred. This aligns with Board of Immigration Appeals (BIA) cases such as Matter of Lovo-Lara (2005), Matter of Da Silva (1976), and Matter of Garcia (1978). This formalizes the place-of-celebration rule as the standard and removes the flexibility previously extended to informal marriages.
Previously, USCIS could recognize informal unions, such as religious or customary marriages not registered with local authorities, if applicants demonstrated an inability to obtain a legal marriage due to persecution, restrictive laws, or other circumstances. Evidence such as cohabitation, children from the relationship, or cultural marriage certificates could be considered. The removal of this exception and the emphasis on the place-of-celebration rule indicate a move toward a more rigid legal framework.
The change in policy, including the removal of the informal marriage exception and the reinforcement of the place-of-celebration rule, follows two executive orders issued by President Trump on January 20, 2025: Executive Order 14148 (“Initial Rescissions of Harmful Executive Orders and Actions”) and Executive Order 14163 (“Realigning the United States Refugee Admissions Program”). These orders prompted USCIS to update its guidance and align with revised legal standards.
USCIS acknowledged that some applicants may have relied on the informal marriage exception. However, the agency determined that the government’s interest in consistent immigration policies takes precedence. The policy applies to all requests pending or filed on or after March 3, 2025. Updates to Volume 4, Part C, Chapters 2 and 4 of the Policy Manual reflect these new requirements and the removal of text related to informal marriages.
This policy modification may impact refugees and asylees, particularly those from conflict zones or countries with restrictive marriage laws. Couples with informal marriages, such as those based on religious or tribal ceremonies not officially recognized, may now face denials of derivative status, which could lead to family separation or delayed reunification.
The emphasis on the place-of-celebration rule requires applicants to provide documentation, such as a legally valid marriage certificate, proving compliance with the laws of the jurisdiction where the marriage was performed. This may present difficulties in regions with disrupted civil registration systems or discriminatory legal frameworks. The policy’s application to pending cases means USCIS officers will apply the new standard during adjudication.
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Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
