Applicant Guide and Practice Advisory on USCIS’s New Guidance on Recognizing Informal Marriages of Refugees and Asylees

Note: This resource was published in June 2022. In 2025, the Trump Administration rescinded the informal marriage guidance discussed below. The information in this publication is no longer up-to-date. IRAP is making this resource available for historical reference only. Please see IRAP’s webpage on Navigating Trump’s Second Term for newer resources and information.

On February 14, 2022, USCIS issued new guidance on recognizing informal marriages of refugees and asylees. Under the new guidance, USCIS will recognize an informal marriages in some types of applications when a refugee or asylee could not lawfully marry because of discriminatory laws or practices or because they were fleeing from persecution.

If you are a refugee or asylee and you want to know if the new guidance may affect your case, you can review IRAP’s guide on the new USCIS policy here, and IRAP’s updated guide on refugee and asylee family reunification here. These applicant guides are available in English, Arabic, Spanish, Farsi/Dari, and Pashto. 

If you are a legal representative, IRAP has prepared a practice advisory to explain the new guidance and how legal practitioners can assist impacted refugee and asylee families. IRAP also has a practice guide on how marriages are recognized in immigration proceedings and other resources on our legal practitioner resource page. 

Download the practice advisory as a PDF or view it below.

This resource is intended for a legal practitioner and legal advocacy audience. If you would like more general legal information about refugee resettlement in English, Spanish, and other languages, or to request help from IRAP, please use IRAP’s Legal Information website. 

If you would like to receive email alerts about IRAP’s legal practitioner resources, please sign up here.

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Note: The U.S. Refugee Admissions Program (USRAP) has been impacted by actions by the Trump Administration after the date of publication in 2022. This publication is not being updated. Please see IRAP’s Legal Practitioner Resources page for newer resources and additional information for legal practitioners.