spousal visas

Supreme Court Decision Prevents Citizens from Challenging Denied Spousal Visas

The U.S. Supreme Court ruled that U.S. citizens do not have a constitutional right to challenge the rejection of spousal visas. This decision overturns a previous lower court split ruling from October 2022. According to the justices, only the U.S. government has the authority to decide which noncitizens can enter the country.

The justices further clarified that U.S. citizens cannot use the courts to prevent their spouse’s deportation simply because they are married. Therefore, it wouldn’t make sense to grant more rights to someone who is not currently in the U.S. Last year, the State Department approved 11 million visas but denied 62,000. Out of these denials, 5,400 were for individuals seeking to join their American citizen partner.

If you have questions about a spousal visa or any U.S. immigration-related issue, contact us. Our team of experienced attorneys works directly with our clients through their immigration journey every step of the way.

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