The immigration service has tightened the rules for filing petitions for the relocation of foreign spouses in the US

12 April United States Citizenship and Immigration Services (USCIS) provided additional guidance that concerns spousal petitions for family reunification if they include minor spouses.

Фото: Depositphotos

New rules instruct staff about the need for additional interviews about some I-130 petitions (application for a relative-foreigner to move to the USA) where the minor husband or wife is involved. As a rule, the good faith of the marital relationship is assessed either by USCIS when the foreign spouse applies for a change of status, or by the State Department when the foreign spouse applies for an immigration visa.

However, I-130 spousal petitions affecting minors deserve special consideration because of the vulnerability associated with child marriage. Therefore, USCIS is changing its policy by requiring personal interviews at an early stage for some I-130 petitions involving young spouses.

“We have directed USCIS staff to conduct an additional in-person interview at the beginning of the immigration process for certain petitions that require additional review,” said USCIS Director Lee Francis Cissna. “While USCIS has taken maximum action to detect and scrutinize spousal petitions involving a minor spouse, Congress must address this issue by providing more clarity to USCIS staff.”

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An interview conducted at the I-130 petitioning stage provides USCIS with an additional opportunity to verify information and assess the good faith of the alleged marital relationship.

The interview will be conducted when considering any I-130 spousal petitions, if:

• applicant or beneficiary is less than 16 years; or
• the applicant or the beneficiary is 16 or 17 years old, and the age difference between the spouses is 10 or more.

Фото: Depositphotos

Although there are no legal age requirements for filing a petition for reunion with a spouse or for spouse sponsorship, USCIS considers whether the age of the beneficiary or petitioner at the time of the marriage violates the laws of the place where the marriage was entered into. Officials are also considering whether the marriage is recognized as valid in the state of the United States, where the couple currently lives or is expected to live, and whether the marriage union will violate state policy.

In some states of the United States and in some other countries, marriage with a minor may be allowed under certain circumstances, including with the consent of the parents, a court order, a minor’s withdrawal from parental care or the pregnancy of a minor girl.

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In addition, according to the regulations, USCIS reserves the discretion of its employees when to issue a Request for Evidence (RFE) to applicants. The burden of proof generally lies with the petitioner to demonstrate the validity of the petition and the good faith of the marital relationship.

Updates USCIS explains the desire to ensure the relevance of the policies and processes of the agency in accordance with current immigration laws.

USCIS also created a labeling system that, when a minor spouse is detected in these petitions, sends a special alert to the electronic system. After initial marking, the petition is redirected to a special unit, which checks the correctness of the listed age and nature of the relationship before the petition is accepted. If the age or classification in the petition is incorrect, it will be returned to the applicant for correction.

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