The Guidelines Clarify the Requirements of the Agency to Submit Petitions

WASHINGTON – The United States Citizenship and Immigration Service (USCIS) today announced the publication of new guidelines that should be considered by officials when adjudicating marital petitions involving minors.

The guides, published as part of an update (in English) to the Field Manual for Adjudicators of USCIS (AFM), clarify the age requirements for a petitioner who submits an Affidavit of Economic Sponsorship for a spouse in set with a Form I-485, and identifies the factors that officers must consider when adjudicating a Form I-130, in the case of a spousal petition involving a minor.

“USCIS has taken action to the maximum extent permitted under current immigration law to highlight special considerations in the adjudication of marriage-based immigration petitions involving a minor.”

Although there are no legal age requirements to request a spouse or to sponsor him or her as a spousal beneficiary, USCIS will consider whether the age of the beneficiary or petitioner at the time the marriage took place violates the laws of the place where it took place, or the law or public policies of the state where the couple resides or plans to reside. In some states of the United States and in some foreign countries, marriage involving a minor may be allowed under certain circumstances, even in cases where there is parental consent, a court order, emancipation of the child, or pregnancy of the child. younger.

Updating the guidelines emphasizes to adjudicators that marriages involving minors require special attention. When considering a petition, USCIS officials must ensure that:

The marriage was legal in the place where it took place;
If the couple resides outside the place where the marriage took place, it must be recognized as valid in the United States, where the couple currently resides or where they allegedly reside, and that does not violate the public policies of the state where they reside; Y
The marriage is legitimate, and the minor gave full, free and informed consent when accepting the marriage.

If the age or classification in the petition is incorrect, the petition will be returned to the petitioner for correction.

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