2

EXECUTIVE SUMMARY

U.S. law and U.S. Department of State policy aim to prevent and reduce the risks of child marriages occurring around the world, yet major loopholes in U.S. law have allowed thousands of minors to be subjected to child marriages. Under the

Immigration and Nationality Act

(“INA”),

a U.S. child may petition for a visa for a spouse or fiancé living in another country, and a U.S. adult may petition for a visa for a minor spouse or fiancé living abroad.

1

Obtaining a visa for a spouse or fiancé involves the approval of two federal government agencies. A petition is first made to the U.S. Citizenship and Immigration Services

(“USCIS”).

If a petition is filed by or on behalf of a minor, USCIS does not require parental or judicial consent. Once USCIS approves a petition, the decision to actually issue a visa is made by the State Department. The State Department returns or rejects few spousal or fiancé immigrant visa petitions after they are approved by USCIS . USCIS reported to the Committee:

“Between

[Fiscal Year

(“FY”)]

FY 2007 and FY 2017, approximately 2.6 percent of fiancé and spousal petitions [were] returned to USCIS. Of that total, approximately 37 percent [were]

revoked.”

2

Over the last eleven years (FY2007 to FY2017), USCIS approved 3,595,447 petitions

3

for spousal or fiancé entry in to the United States.

4

Of those, 8,686 involved a minor.

5

Two minors whose petitions were approved were 13 years old

6

; 38 were 14 years old; 269 were 15 years old; 1,768 were 16 years old; and the remaining 6,609 were 17 years old.

7

Girls were the younger party in 95 percent of the petitions approved by USCIS.

8

USCIS did not know how many of the 8,686 petitions involving a minor were approved by the State Department for a visa. However, ba sed on the 2.6 percent return/reject rate s hown above, it is reasonable to conclude that the United States issued a visa to a significant number of the spouses and fiancés named on the 8,686 petitions. Additionally, USCIS reported that over the same time period (FY2007-FY2017), 4,749 minors in the United States on spousal or fiancé visas received green cards to become lawful permanent residents

(“LPR”).

9

1

Pub. L. No. 82-414. The

Immigration and Nationalit y Act

does not establish a minimum age requirement for petitions for i mmigration benefi ts for spouses or fiancés.

See

Letter from The Honorable L. Francis Cissna, Director, U.S. Citizenship & Immigration Services, to The Honorable Ron Johnson, Chairman, S. Comm. on Homeland Sec. & Governmental Affairs (Oct. 4, 2018) (on file with Comm. staff) [hereinafter Director Cissna Letter];

see also

William A. Kandel,

Memorandum to S. Comm. on Homeland Sec. & Governmental Affairs, Forced Marriage and Child Marriage in the Co ntext of U.S. Immigration Policy

, Cong, Research Serv. (2018) (on file with Comm. staff) [hereinafter Kandel CRS Report].

2

Director Cissna Letter,

supra

note 1.

3

The Form I-130 Petition for Alien Relative is used for spouses and the Form I-129F Petition for Alien Fiancé(e) is used for fiancées.

See

U.S. Citizenship & Immigration Services, I-130, Petition for Alien Relative https://www.uscis.gov/ i-130 (last updated Nov. 6, 2018); U.S. Citizenship & Immigration Services, I-129F, Petition for Alien Fiancé(e), https://www.uscis.gov/i-129f (last updated Sept. 10, 2018).

4

Director Cissna Letter,

supra

note 1.

5

Id

.

6

The two petitions involving 13-year-olds were ultimately refused or terminated by the State Department.

Id

.

7

Id

.

8

Comm. staff briefing with U.S. Citizenship & Immigration Services (Oct. 9, 2018).

9

Director Cissna Letter,

supra