USCIS to Recognize Informal Marriages of Refugee and Asylee Dependents

USCIS announced that it will start to recognize certain informal marriages and divorces for the purposes of determining dependent refugee and/or asylee status when adjudicating Forms I-589 (Asylum/Withholding Application), I-590 (Refugee Classification), and I-730 (Refugee/Asylee Relative Petition).

In a memorandum dated 02/24/2022, the Acting Associate Director of Refugee, Asylum and International Operations (RAIO) explained that USCIS will accept evidence of informal marriages to prove derivative status of these applications. As a result, the current policy has been set aside.

The Reasons for Recognizing Information Marriages

There are many situations in which dependent spouses of refugees and asylees are unable to prove their marital relationship with the principal applicant because of various reasons including

• Flight from persecution
• Circumstances beyond their control
• Restrictive laws or practices in country of origin

What kind of informal marriages may be recognized?

• Informal marriage
• Informal divorce of an informal marriage
• Informal marriage, following the informal divorce of an informal marriage

In order for these information marriages to be recognized, the couple must provide evidence of their marital relationship such as holding of a marriage ceremony, living together for a period of time, holding themselves out as a couple, and have children together. 

It should be noted that certain relationship will still not be recognized including:

• Informal divorce of a legally valid marriage recognized in the place of celebration
• Subsequent marriage (informal or legal) following the informal divorce of a legally valid marriage recognized in the place of celebration. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.) 

Interview Requirement to be Added for Asylee Petitioners of I-730

Obtaining status as an asylee or refugee means that one may legally stay in America with protection. What about the person's family members abroad, who may still be at harm's way?  

After attaining asylee status or admission as a refugee, individuals may file Form I-730 Refugee/Asylee Relative Petition within 2 years to have their spouse or unmarried children under 21 join them in America.

The process involves the usual -- submitting evidence, beneficiary biometrics and interview, etc. Petitioners themselves only need to interview when the beneficiary is in the United States and more information is needed to determine eligibility. 

However, according to a recent memo published by USCIS, the petitioner interview for such cases will be a requirement by the first quarter of FY2021. Furthermore, this change will be Phase 1 of a plan to implement the petitioner interview under USCIS and DOS jurisdiction globally (jurisdiction being where an office that handles those cases exist).

In Phase 2, estimated to begin by the time new Form I-730 instructions are published, will add the requirement to cases where the beneficiary and/or petitioner is in a USCIS jurisdiction abroad. This is only if the petitioner and beneficiary are located within USCIS jurisdiction.

Phase 3, implementation date to be announced, will include cases where the beneficiary and/or petitioner is in a DOS (Department of State) jurisdiction abroad.

Petitioners will be expected to attend a scheduled in-person interview at a USCIS office as part of the adjudication process. They can expect multiple interviews if they filed multiple I-730s. As with all USCIS appointments, petitioners should make time to attend their interview. It is an important part of the process and missing it could result in case denial.

The above rules will apply to Form I-730 applications filed on or after a to-be-announced implementation date for each phase. There are no concrete dates for now. Asylee and admitted refugees with pending I-730 petitions should expect and be prepared for an interview as each phase of the plan moves forward in 2021.

Breaking News - Adjustment Applicants Based on Employment Must be Interviewed!

If you are applying for adjustment of status based on an offer of employment or other employment visa categories, you will be required to attend an in-person interview before your green card can be approved, according to an announcement by U.S. Citizenship and Immigration Services (USCIS) today.  The new policy will be effective October 1, 2017.  

Dependents and family members of asylees and refugees will also be subject to the in-person interview requirement, when they petition to join the  principal  asylees and refugees by submitting the Form I-730, Refugee/Asylee Relative Petition. 

For many years, employment-based applicants for adjustment of status were not required to attend in-person interviews, and their petitions were approved based on documentary evidence.  Only a handful of applications are selected for interviews for quality control and suspicion of fraud.   

According to USCIS, this change in policy is based on Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” and is part of the agency’s comprehensive strategy to further improve the detection and prevention of fraud and further enhance the integrity of the immigration system. USCIS is also planning to expand the interview requirement to other categories of visa applications such as students. 

According to USCIS, in-person interviews will provide immigration officers with the opportunity "to verify the information provided in an individual’s application, to discover new information that may be relevant to the adjudication process, and to determine the credibility of the individual seeking permanent residence in the United States."   When a person is interviewed, he or she is first placed under oath before testifying under penalty of perjury.  

It appears that the new policy will apply to all employment-based I-485 applications and refugee relatives I-730 petitions, without exception.  If so, substantial delay is expected, making the processing times of these cases even longer.  The agency is adding resources and beefing up technologies to accommodate this new requirement. 

October 1st is just a month away.  Applicants with such pending applications should get ready for these interviews.  Original and certified documents should be obtained as soon as possible.  These documents include birth certificates, marriage certificates, divorce judgments, passports, income tax returns, employment verification letters, etc.