USCIS has reversed a Trump-era policy that refused to recognize marriages that were not legal in their “place-of-celebration.” The policy had prevented most LGBTQ refugees and asylum-seekers from petitioning for their partners to join them in the United States since same-sex marriage is not legally recognized in most other countries. Under the new policy, evidence of informal marriage can be considered to establish a spousal relationship. However, the guidance only applies in the context of refugee and asylum cases. Other family-based immigration petitions are still subject to the narrow “place-of-celebration” rule, excluding informal marriages and civil unions.
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