U.S. Citizens do not have a constitutional right to challenge the denial of spousal visa applications, per the U.S. Supreme Court. This is a reversal of a lower court split ruling from October 2022. Per the justices, the U.S. government solely has authority to determine which noncitizens are and are not granted entry to the country.

The justices further explained that U.S. citizens can’t go to court to stop a spouse’s deportation just because they are married. So, it wouldn’t make sense to give more rights to someone who isn’t even in the U.S. Last year, the State Department approved 11 million visas, with 62,000 denied. Of the denials, 5,400 were for individuals trying to join their U.S. citizen partner.

If you have questions about a spousal visa or any U.S. immigration related issue, contact us. Our team of experienced attorneys work directly with our clients to ensure they get the right advice.

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