US issues add'l guidance for spousal petitions involving minors

The United States Citizenship and Immigration Services (USCIS) has strengthened the guidance regarding spousal petitions involving minors.

A news release dated April 12 noted that the USCIS has bared an additional guidance about the adjudication of spousal petitions that include minors.

The guidance instructs officers to conduct an additional interview for certain I-130 spousal petitions involving a minor, the USCIS said.

It added that generally, the bona fides of the spousal relationship are assessed in person by USCIS when the alien spouse applies to adjust status or by the Department of State when the alien spouse applies for an immigrant visa.

“As part of our continued efforts to strengthen guidance for spousal petitions involving minors, we have instructed USCIS officers to conduct an additional in-person interview earlier in the immigration process for certain petitions that warrant additional scrutiny,” said USCIS Director Francis Cissna.

"While USCIS has taken action to the maximum extent possible to detect and closely examine spousal petitions involving a minor spouse, Congress should address this issue by providing more clarity under the law for USCIS officers," Cissna added.

The USCIS believes that through the early interview, it will verify more of the information stated in the petition and assess the bona fides of the claimed spousal relationship.

The new rule will be implemented if:

• The petitioner or the beneficiary is less than 16-years-old; or
• The petitioner or the beneficiary is 16 or 17-years-old and there are ten years or more difference between the ages of the spouses.

The USCIS considers whether the age of the beneficiary or petitioner at the time the marriage was celebrated violates the law of the place of celebration.

Officers also consider whether the marriage is recognized as valid in the US state where the couple currently resides or will presumably reside and does not violate the state’s public policy, the USCIS said.

Meanwhile, the office also established a flagging system that sends an alert in an electronic system at the time of filing if a minor spouse or fiancé is detected.

"After the initial flag, the petition is sent to a special unit that verifies that the age and relationship listed are correct before the petition is accepted," the USCIS said.

"If the age or classification on the petition is incorrect, the petition will be returned to the petitioner for correction," it added. —Anna Felicia Bajo/KBK, GMA News